Bombay High Court
RAMCHANDRA TUKARAM CHANDANKAR AND ANR.versusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
- Bench
- NITIN B SURYAWANSHI
Holding
Anticipatory bail is granted to both applicants, subject to a personal bond of Rs.15,000 each.
Summary
The applicants, Ramchandra Tukaram Chandankar and Rupesh Manohar Mulik, sought anticipatory bail in a case where a police constable alleged they assaulted him after he responded to an emergency call. The FIR described a violent encounter involving a vehicle and multiple assailants, but the court noted that the informant’s account appeared to suppress material facts. Investigation records showed that applicant No.1 had been initially arrested, produced alleged evidence, and was released on bail due to health issues; applicant No.2’s presence was not corroborated by photographs. The investigating officer indicated that a charge‑sheet would be filed within a few weeks, and custodial interrogation was deemed unnecessary. Considering the pending investigation, the applicants’ health, and lack of compelling evidence, the court granted anticipatory bail, directing each to execute a personal bond of Rs.15,000 with one surety and to cooperate with the police.
Issues considered
- Whether anticipatory bail should be granted to the applicants under the Bharatiya Nyaya Sanhita for offences alleged in the FIR.
- Whether the material facts suppressed in the FIR and the state of investigation justify denial of bail.
- Whether the health condition of applicant No.1 and the pending charge‑sheet affect the necessity of custodial interrogation.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 121(1), 132, 221, 3(5)
Subjects
- anticipatory bail
- assault on police officer
- Bharatiya Nyaya Sanhita
- bail jurisprudence
- investigation
- health considerations
- charge sheet pending
- police misconduct
Judgment
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920-ABA-97-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLICATION NO. 97 OF 2026
1. Ramchandra Tukaram Chandankar
2 Rupesh Manohar Mulik ...Applicants
VERSUS
Digitally
SAJAKALI
signed by
SAJAKALI
LIYAKAT
The State of Maharashtra And Anr. ...Respondents
LIYAKAT JAMADAR
JAMADAR Date:
2026.02.17
19:10:36
+0530
Mr. Jaydeep D. Mane a/w Mr. Yash Fadtare a/w Mr. Mihir M.
Advocate for Applicants.
Mr. S. S. Chaudhari, APP for the Respondent-State.
PSI Prashant Madane, Tembhurni Police Station, Solapur, present.
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 17th FEBRUARY, 2026
P.C.
1. By this application, applicants are seeking anticipatory bail
in Crime No. 04 of 2026 registered with Tembhurni Police Station,
District: Solapur Rural for the offences punishable under Sections
109, 132, 221, 3(5) and 121 (1) of the Bharatiya Nyaya Sanhita,
2023.
2. The informant, a police constable attached to the Tembhurni
Police Station, lodged a First Information Report (‘FIR’) stating that,
on 01.01.2026, while he was on duty, one Mahadev Tupasundar
called on ‘112’ emergency helpline and informed that he was
assaulted by two persons and he apprehends danger to the life and
Sajakali Jamadar
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920-ABA-97-2026 (CR).DOC
requested for police help, accordingly, he went there. At that time
one Gray colour Vitara Brezza vehicle, Registration No. MH-11-CG-
2015 came there in high speed. After seeing him in uniform, they
were angry. They stopped at him and asked, why you have come
here. At that time the informant told them that he is doing his
official duty. The three persons in the said car alighted and caught
hold collar of the informant and manhandled him. They assaulted
him with fist and kick blows. He was made to fall and one person in
violet colour shirt assaulted him with stick on right hand. One person
wearing yellow colour shirt assaulted him with a big stone, due to
which he suffered injury on the back side of his head.
3. Heard learned Advocate for the Applicant and learned APP
for the Respondent-State instructed by Investigating Officer. Perused
the investigation papers made available by learned APP.
4. On reading of the FIR, prima facie this Court is of the view
that genesis of occurrence is suppressed by the informant in the FIR.
It is difficult to believe that merely because the informant was in the
uniform, unknown persons would stop the vehicle and get angry and
would asked him as to why he had come there. Something else must
have happened in the spot, but that is suppressed by the informant in
the FIR.
Sajakali Jamadar
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920-ABA-97-2026 (CR).DOC
5. Perusal of the investigation papers show that applicant No.1
was in fact arrested initially. He has produced the clothes allegedly
owned by the accused persons at the time of alleged incident, the
stick, stone and the Vitara Brezza vehicle allegedly used in the crime
are seized. However, since his health deteriorated, he could not be
arrested and therefore the police gave him notice and released him.
Accused No.1 - Ravindra Ramchandra Chandankar was arrested and
is released on bail. In the photographs allegedly taken at the time of
incident, applicant No.2 is not seen, therefore, his presence appears
to be doubtful at the time of incident. It appears that the investigation
is on the verge of completion and as per Investigating Officer, within
15 to 20 days, the charge-sheet is likely to be filed. In the facts of the
present case, custodial interrogation of the applicants is not necessary.
6. In the result, the application is allowed.
7. In the event of arrest of applicants Ramchandra Tukaram
Chandankar And Rupesh Manohar Mulik in Crime No. 04 of 2026
registered with Tembhurni Police Station, District: Solapur Rural, they
be released on bail on executing Personal Bond in the sum of
Rs.15,000/- each with one surety in the like amount.
8. The Applicants shall attend the concerned police station as
and when called by the Investigating Officer.
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920-ABA-97-2026 (CR).DOC
9. The Applicants shall not tamper with the prosecution
evidence.
(NITIN B. SURYAWANSHI, J.)
Sajakali Jamadar
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