Bombay High Court

DNYANESHWAR KASHINATH GADADE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED
Bench: R M JOSHI

Holding

The court allowed the anticipatory bail application, directing release on bond with conditions.

Summary

The applicants were charged under multiple sections of the Bhartiya Nyaya Sanhita, 2023, for allegedly assaulting and abducting an informant during a dispute over the laying of a pipeline. They contended that they had obtained permission from the Tahsildar for the pipeline and that the offence could only be tried under Section 118(1), noting that Section 118(2) had been revoked and that all weapons had been recovered. The State argued that one applicant was a personal assistant to a former MLA and that the informant had been abducted and his vehicle and money recovered, warranting custodial interrogation. The court, after a prima facie assessment, held that the allegations, if true, did not justify detention beyond Section 118(1) and that the lack of an abduction statement and recovery of weapons favored liberty. Consequently, the court granted anticipatory bail, directing the applicants to furnish a bond, cooperate with the investigation, and comply with specific conditions.

Issues considered

Whether anticipatory bail should be granted to the applicants despite charges under multiple sections of the Bhartiya Nyaya Sanhita.
Whether the revocation of Section 118(2) limits the trial to Section 118(1) only.
Whether the recovery of weapons and absence of a recorded abduction statement affect the bail decision.
Whether the applicants' alleged political connections impact the grant of bail.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 118(2), 119(1), 140, 140(3), 189(2), 191(2), 324(2), 351(2), 352

Subjects

anticipatory bail
pipeline dispute
assault
abduction
Bhartiya Nyaya Sanhita
bail conditions
weapon recovery

Judgment

2026:BHC-AUG:26523




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     ANTICIPATORY BAIL APPLICATION NO. 719 OF 2026

                          Dnyaneshwar Kashinath Gadade And Others
                                          VERSUS
                            The State Of Maharashtra And Another

                      WITH CRIMINAL APPLICATION NO. 1916 OF 2026

                                    Jitendra Khandu Bankar
                                             VERSUS
                          Dnyaneshwar Kashinath Gadade And Others

           Mr. V. D. Hon, Senior Advocate h/f Mr. S. B. Solanke, Advocate for
           applicants
           Mr. S. G. Joshi, APP for respondent-State
           Mr. A. S. Kakade, Advocate for informant

                                              CORAM       : R. M. JOSHI, J.
                                              DATE        : 07th JULY, 2026

           PER COURT :-

           1.           Applicants seek bail in connection with Crime No. 0142 of

           2026 registered with Ashti Police Station, Dist. Beed, for the offences

           punishable under Sections, 140, 140(3), 118(1), 118(2), 119(1), 115(2),

           352, 351(2), 324(2), 189(2), 191(2) of the Bhartiya Nyaya Sanhita,

           2023.


           2.           In short, it is a case of prosecution that an incident had

           occurred on 28.03.2026 in which owing to the previous dispute over the

           laying of pipeline in front of the hotel of the informant. Informant was



           951-ABA-719-2026.odt                                                 1 of 4
assaulted by the present applicants and co-accused with wooden sticks

and iron road. Allegation against them that he was abducted and

assaulted in front of the sugar factory.


3.          Learned Senior Counsel appear on behalf of the applicants

submits that the applicants had obtained due permission from Tahsildar,

Ashti for laying down pipeline; however, informant oppose the same. It is

his submission that even if statements of the informant are accepted to

be true, the offence cannot be triable beyond being punishable under

Section 118(1) of the Bhartiya Nyaya Sanhita. He drew attention of the

Court to the communication dated 16.04.2026 whereby the offence

punishable under Section 118(2) of the Bhartiya Nyaya Sanhita was

revoked. He drew attention of the Court to the order passed by the

Sessions Court indicating that there is recovery of all weapons, as such,

there is no recovery to be made at the instance of the applicant. He

further submits that applicants have no criminal history behind them.


4.          Learned APP and Learned Counsel for the informant opposes

grant of any protection to the applicants. It it their contention that one of

the applicant is Personal Assistant of Ex-M.L.A. It is further argued that

since the informant was abducted and taken in the vehicle to the sugar

factory to the recovery of the said vehicle so also recovery of the money

snatched from the applicants, custodial interrogation of the applicants


951-ABA-719-2026.odt                                                    2 of 4
would be necessary.


5.             Prima facie, perusal of the record indicates that there are

dispute between the parties on the issue of laying of the pipeline. Even if

allegations made in the First Information Report are accepted to be true,

as rightly argued on behalf of learned Senior Counsel that the offence

against applicants cannot be triable beyond Section 118(1) of the

Bhartiya Nyaya Sanhita. Furthermore, as observed by the Additional

Sessions Judge in the order rejecting anticipatory bail, there is already

recovery of weapons. In so far as recovery of the vehicle in which the

informant was abducted in respect of laps of about three months from

the occurrence of the incident, there is no statement recorded by the

Investigating Agency indicating such abduction. Having regard to the

afore stated facts, it would be appropriate to protect the liberty of the

applicants and direct them to appear before Investigating Officer, in case

investigation remains to have conducted. Hence the order :-


                                    ORDER

         (i)      Application is allowed.

         (ii)  In the event of arrest of applicants in connection with
         Crime No. 0142 of 2026 registered with Ashti Police Station,
         Dist. Beed, for the offences punishable under Sections, 140,
         140(3), 118(1), 118(2), 119(1), 115(2), 352, 351(2),
         324(2), 189(2), 191(2) of the Bhartiya Nyaya Sanhita, 2023,
         they shall be released on bail on furnishing PR Bond of
         Rs.15,000/- (Rupees Fifteen Thousand only) each with one


951-ABA-719-2026.odt                                                  3 of 4
              solvent surety in the like amount.

              (iii)  They shall attend the concerned police station as and
              when called by the Investigating Officer with written
              intimation.

              (iv) They shall not contact the witnesses directly or
              indirectly.

              (v) They shall not interfere with the evidence in any
              manner whatsoever.

              (vi) They are further directed to cooperate the investigating
              agency for further investigation, remained if any.



6.              Pending application, if any, stands disposed of.




                                                          (R. M. JOSHI, J.)

B. S. Joshi




951-ABA-719-2026.odt                                                     4 of 4

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