Bombay High Court
RAJENDRA DEVIDAS RATHODversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The Court confirmed and made absolute the earlier anticipatory bail order, finding no breach of bail conditions and disposing of the application.
Summary
The applicant, Rajendra Devidas Rathod, sought anticipatory bail in connection with Crime No. 890 of 2025 registered at Sadar Bazar Police Station, Solapur. The Court initially ordered the applicant to cooperate with the investigation and attend the police station on specified dates, granting interim bail conditioned on a personal bond of Rs. 15,000. The applicant complied with the directions, appearing before the investigating officer as required, and the investigation was completed, with a charge sheet filed in Sessions Case No. 59 of 2026 pending trial. The State argued that the applicant had cooperated and there were no violations of bail conditions, while the respondent’s counsel raised doubts about the investigation’s manner. Considering the applicant’s compliance and the pending trial, the Court confirmed and made absolute the earlier bail order and disposed of the anticipatory bail application.
Issues considered
- The applicant’s entitlement to anticipatory bail under the circumstances of the case
- Whether the applicant violated any conditions of the interim bail previously granted
Subjects
- anticipatory bail
- Criminal Procedure Code
- bail conditions
- cooperation with investigation
- pending trial
Judgment
40 - ABA - 75 - 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
Digitally
signed by
VAIBHAV
VAIBHAV RAMESH
CRIMINAL APPELLATE JURISDICTION
RAMESH JADHAV
JADHAV Date:
2026.10.06
14:43:32
+0530
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 75 OF 2026
Rajendra Devidas Rathod … Applicant
Versus
The State of Maharashtra & Ors. … Respondents
----
Mr. Priyal Sarda with Onkar Bajaj (through V.C.) for the
Applicant.
Ms. S. N. Deshmukh, APP for the State.
Mr. Aditya S. Raktade for Respondent No.3.
Mr. Waghmare M. H., Head Constable, Sadar Bazar Police
Station, Solapur is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATED : OCTOBER 5, 2026
P.C.:
1. Heard Mr. Priyal Sarda, learned Advocate for the Applicant, Ms.
S. N. Deshmukh, learned APP for the State and Mr. Aditya Raktade,
learned Advocate for Respondent No.3.
2. On 5th February 2026, the following order was passed:
“1. Leave to amend and add the informant as party respondent.
2. After amendment is carried out, issue notice to the respondents,
returnable on 18th February 2026.
3. Learned APP waives service of notice on behalf of respondent nos. 1
and 2.
4. In the event of arrest of the applicant in connection with C.R. No. 890
of 2025 registered with Sadar Bazar Police Station, Solapur, he shall be
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released on bail on executing P.R. bond in the sum of Rs. 15,000/- with one
surety in the like amount.
5. The applicant shall attend the concerned police station from
09/02/2026 to 13/02/2026 between 10.00 a.m. to 02.00 p.m. and co-operate
in the investigation.”
3. On 6th March 2026, the following order was passed:
“1. Learned Advocate for the Applicant submits that a copy of the
Affidavit-in-Reply has just been served upon him. He seeks short
accommodation.
2. At his request, stand over to 17th March 2026.
3. Ad-interim relief, if any, granted earlier, to continue till the next date.
4. In the meanwhile, the Applicant shall attend the concerned Police
Station on 11th & 12th March 2026, between 10:00 a.m. to 2:00 p.m., and
shall cooperate with the investigation.”
4. On 17th March 2026, the following order was passed:
“1. Learned A.P.P., on instructions of PC/856 Mr. Ganesh Jadhav attached
to Sadar Bazar Police Station, submits that, the Applicant has not complied
with order dated 6th March 2026, in as much as he did not attend the
concerned Police Officer on 11th & 12th March 2026.
2. Let learned A.P.P. to file an Affidavit in that respect.
3. Stand over to 26th March 2026.
4. Ad-interim relief, if any, granted earlier, to continue till the next date.”
5. On 7th April 2026, the following order was passed:
“1. Learned advocate for the Applicant, appearing through video
conferencing (VC), is not audible.
2. Learned APP submits that a affidavit dated 1 st April, 2026, issued by
Mr. Namdev Vithhal Bandgar, Police Inspector, Sadar Bazar Police Station,
Solapur City, Solapur, explains in detail the circumstances in which the
statement as recorded in paragraph No.1 of the order dated 17 th March, 2026
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came to be made.
3. This Court finds the said explanation to be satisfactory. The said
affidavit is taken on record.
4. Learned APP submits that the attendance of the Applicant is required
for further inquiry.
5. Considering the submission of the learned APP, the Applicant is
directed to attend the concerned police station from 9th to 10th April, 2026
between 11:00 a.m. to 2:00 p.m. and thereafter as and when called by the
Investigating Officer.
6. Stand over to 23rd April, 2026.
7. Ad-interim relief, if any, granted earlier to continue till the next date.”
6. Mr. Priyal Sarda, learned Advocate for the Applicant, states that
the Applicant has appeared before the Investigating Officer as and when
directed by this Court and as and when required by the Investigating
Officer and has cooperated with the investigation in Crime No. 890 of
2025 registered at Sadar Bazar Police Station, Solapur.
7. Mr. Priyal Sarda, learned Advocate for the Applicant, further
submits that upon completion of the investigation in Crime No. 890 of
2025, the charge sheet has been filed before the Sessions Court at
Solapur, registered as Sessions Case No. 59 of 2026 and the same is
pending for trial.
8. Ms. S. N. Deshmukh, learned APP for the State, on instructions
from the Investigating Officer, submits that the Applicant has appeared
before the Investigating Officer as and when required and has
cooperated with the investigation in Crime No. 890 of 2025. She further
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states that the investigation in Crime No. 890 of 2025 is complete and
the matter is now pending before the Sessions Court, Solapur, for trial
in Sessions Case No. 59 of 2026.
9. Mr. Aditya S. Raktade, learned Advocate for Respondent No. 3,
submits that there is doubt about the manner in which the investigation
was conducted by the Investigating Officer in Crime No. 890 of 2025.
10. In view of the statements made by Mr. Priyal Sarda, learned
Advocate for the Applicant and Ms. S. N. Deshmukh, learned APP, that
the Applicant has cooperated with the Investigating Officer, further, the
Applicant being protected by interim bail in this Application, with no
allegations that the Applicant has violated any of the bail conditions and
the proceedings arising from Crime No. 890 of 2025 now pending
before the Sessions Court, Solapur, in Sessions Case No. 59 of 2026, the
order dated 5th February 2026 passed by this Court is confirmed and
made absolute in terms of paragraph No. 4 thereof.
11. Anticipatory Bail Application No. 75 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
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