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Bombay High Court

RAMCHANDRA TUKARAM CHANDANKAR AND ANR.versusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

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

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
                                              2
                                                                    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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