Bombay High Court
RAJESH SHYAMU DHOTRE AND ANRversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- PRAFULLA S KHUBALKAR
Holding
The court allowed the anticipatory bail application and confirmed the interim protection order.
Summary
The applicants, employees of Hindusthan Petroleum, filed an anticipatory bail application to avoid arrest in Crime No.88 of 2025, which involves offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Maharashtra Police Act, 1951. An interim protection order had been granted on 8 April 2025, and the charge‑sheet had already been filed, with the main accused already released on bail. The prosecution acknowledged the applicants' cooperation with the investigating agency. The court examined whether the interim protection should be confirmed despite the serious nature of the alleged offences. It held that the applicants' continued cooperation warranted confirmation of the interim order and granted anticipatory bail, directing them to remain cooperative during trial.
Issues considered
- Whether anticipatory bail should be granted to the applicants despite the filing of a charge‑sheet and the seriousness of the alleged offences.
- Whether the interim protection order dated 8 April 2025 should be confirmed.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(2), 189(2), 190, 191(2), 193(3), 351(2), 352
- Maharashtra Police Act, 1951 — s. 135, 137
Subjects
- anticipatory bail
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Maharashtra Police Act
- interim protection
- cooperation with investigation
Judgment
15-aba930-25.doc
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO ANTICIPATORY BAIL APPLICATION NO.930 OF 2025
IDHOL
Digitally signed
Rajesh Shyamu Dhotre & Anr. ...Applicants
by VASANT V/s.
ANANDRAO
IDHOL State of Maharashtra ...Respondent
Date:
2026.07.02
19:31:38 +0530
Mr.Tejas A. Mane with Mr.Vishal G. Shirsat for the Applicants.
Ms.Anagha Deshmukh, APP for the Respondent – State.
Mr.Padmakar Patil, API, R.C.F. Police Station, Chembur, Mumbai is
present in Court.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 2ND JULY, 2026.
P.C. :-
1. Heard learned counsel for applicants.
2. Apprehending arrest in Crime No.88 of 2025 for the offence
punishable under Sections 118(2), 189(2), 191(2), 193(3), 190, 115(2),
352, 351(2) of Bharatiya Nyaya Sanhita, 2023 (BNS) and under Sections
137 and 135 of the Maharashtra Police Act, 1951, registered with
R.C.F. Police Station, the applicants have filed the instant application
seeking pre-arrest bail.
3. Learned counsel for the applicants submits that the
applicants are working in Hindusthan Petroleum at Mahul, Chembur
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and after considering the allegations in the FIR and the alleged role of
these applicants, this Court had granted interim protection by an order
dated 8th April, 2025. He submits that the applicants have co-operated
the Investigating Agency and have not misused the interim protection.
He also submits that the charge-sheet is filed against all the accused
persons and so also the main accused by name Sachin Dhotre is already
released on bail. He therefore, prays for confirmation of interim
protection.
4. Learned APP does not dispute the fact that the charge-sheet
is already filed. She submits that a specific role is attributed to these
applicants and injury suffered by the victim is grievous in nature. She
however, further submits on instructions from the Investigating Officer,
who is present in Court, that during the period of interim protection, the
applicants have extended co-operation.
5. Considering the allegations in the FIR against these
applicants and the fact that the applicants were protected by an interim
order passed by this Court and further by considering the fact that the
charge-sheet is already filed, the interim protection granted needs to be
confirmed.
6. The applicants are directed to extend co-operation during the
pendency of the trial and attend the Police Station as and when called
upon.
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7. In view of above, anticipatory bail application is allowed.
Interim protection granted by an order dated 8 th April, 2025 stands
confirmed.
(PRAFULLA S. KHUBALKAR, J.)
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