Bombay High Court

NILESH GITARAM GHOLAPversusSAGAR SHIVAJI KADU AND OTHERS

Disposal: APPLICATION ALLOWED
Bench: MEHROZ K PATHAN

Holding

The Court granted anticipatory bail to the applicants, subject to a set of stringent conditions.

Summary

The applicants, Sagar Shivaji Kadu and Mangesh Prakash Gholap, applied for anticipatory bail in connection with FIR No. 469 of 2025 alleging offences under Sections 119(1), 118(1), 333, 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. An interim protection order dated 26‑08‑2025 required them to cooperate with the investigation, which they complied with. The State opposed bail, citing an antecedent non‑cognizable complaint against one applicant and alleging a risk of intimidation of witnesses. The Court examined the FIR, found the injury to be simple, noted that custodial interrogation was unnecessary, and observed no violation of the interim order. It therefore allowed the anticipatory bail application, confirmed the interim order and imposed stringent conditions such as regular reporting to the police, restriction from entering the village, furnishing address details, and non‑interference with witnesses. A breach of any condition would permit cancellation of bail.

Issues considered

Whether anticipatory bail should be granted to the applicants despite the State's claim of a prior non‑cognizable complaint and alleged risk of witness intimidation.
Whether the nature of the alleged offences and the facts on record justify custodial interrogation or warrant bail with conditions.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 119(1), 333, 351(2), 352

Subjects

anticipatory bail
criminal procedure
Bharatiya Nyaya Sanhita
bail conditions
non‑cognizable complaint
witness intimidation
FIR

Judgment

2026:BHC-AUG:3942

934 ABA NO. 1496 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 1496 OF 2025

1. Sagar Shivaji Kadu
2. Mangesh Prakash Gholap
VERSUS
The State Of Maharashtra And Another
…
• Wagh Umakant U., Advocate for Applicants
• Ms. P. J. Bharad, APP for Respondents-State
…
WITH
CRIMINAL APPLICATION NO. 3548 OF 2025
IN ABA/1496/2025

Nilesh Gitaram Gholap
VERSUS
Sagar Shivaji Kadu And Others
…
• Mr. R. L. Kute, Advocate for Applicant/Assist to P.P.
…
CORAM : MEHROZ K. PATHAN, J.

DATED : 28.01.2026

PER COURT :

1. Heard learned counsel for the applicant, the learned APP for

the respondent-State as also learned assisting counsel.

2. The applicants have approached this Court apprehending

arrest in connection with FIR No. 469 of 2025, dated 07.08.2025,

registered with Loni Police Station, Taluka Rahata, District

Ahilyanagar, for the offences punishable under Sections 119(1),

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934 ABA NO. 1496 OF 2025

118(1), 333, 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita,

2023.

3. This Court, by order dated 26.08.2025, granted interim

protection to the present applicants, subject to the condition that they

shall attend the police station as and when called by the Investigating

Officer and shall cooperate with the investigation. Learned counsel

for the applicants submits that the applicants have complied with the

interim order and have not violated any of the conditions imposed. It

is submitted that the applicants have no criminal antecedents.

4. It is further submitted that the present FIR is the outcome of a

trivial scuffle between two neighbouring families. Applicant No.2’s

mother, Vijaya Prakash Gholap, has also lodged a counter FIR bearing

FIR No. 471 of 2025, dated 08.08.2025, against the complainant

Nilesh Gholap, Satyajeet Gholap, and Sayaji Kadu, in respect of the

incident dated 06.08.2025 at about 8:00 a.m. The present FIR,

therefore, is stated to have been filed with an intention to wreak

vengeance and counter the allegations against the applicants and

their family members. It is submitted that the applicants and

complainant are residents of the same neighbourhood and are ready

to abide by all conditions that may be imposed by this Court. Hence,

the applicant may be released on bail by confirming the interim order

dated 26.08.2025.

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934 ABA NO. 1496 OF 2025

5. As against this, learned assisting counsel Mr. Kute appearing

for the complainant and learned APP for the State strongly oppose

the present application on the ground that applicant No.2 – Mangesh

Prakash Gholap has one antecedent in the nature of an NC complaint

bearing NC No. 607 of 2024, dated 07.08.2025, registered at Loni

Police Station. It is contended that the applicant has criminal

tendencies and, if released on bail, may again cause harassment to

the nearby residents and intimidate the prosecution witnesses,

thereby prejudicing the prosecution case. Hence, it is prayed that the

applicants may not be released on bail.

6. Perusal of the First Information Report and the investigation

papers made available by the learned APP reveals that the injury

sustained by the complainant is simple in nature. The statements of

the relevant witnesses have already been recorded. Thus, custodial

interrogation of the applicants does not appear to be necessary. The

applicants have attended the police station and complied with the

interim order dated 26.08.2025, and there is no report of violation of

the said order, nor is there any material indicating commission of any

subsequent offence or intimidation of the complainant by the

applicants. The apprehensions expressed by the learned APP and the

learned assisting counsel can be adequately addressed by imposing

stringent conditions upon the applicants. Hence, the following order.

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934 ABA NO. 1496 OF 2025

ORDER
i. The Anticipatory Bail Application is allowed.

ii. The interim order dated 26.08.2025 is hereby confirmed,
subject to the following further conditions:

A) The applicants shall attend the concerned police
station and report to the Investigating Officer on 04th,
11th and 18th February, 2026, between 12:00 noon
and 2:00 p.m., and thereafter as and when required by
the Investigating Officer, till filing of the charge-sheet.

B) The applicants shall not enter Village Pathare, Taluka
Rahata, District Ahilyanagar, till filing of the charge-
sheet by the prosecution.

C) The applicants shall furnish an alternate residential
address outside Village Pathare to the Investigating
Officer and shall not change the same without prior
intimation.

D) The Applicant shall also cooperate with the
investigation.

E) The Applicant shall not pressurize the prosecution
witnesses and shall not tamper with the prosecution
evidence, in any manner.
F) The applicant shall furnish copies of his Aadhaar Card
and PAN Card to the Investigating Officer along with
the addresses and mobile numbers of two nearest
relatives.

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934 ABA NO. 1496 OF 2025

7. Needless to state that a single violation of any of the aforesaid

conditions shall entitle the prosecution to seek cancellation of the

anticipatory bail granted herein.

8. The observations made herein are prima facie and shall not

influence the Trial Court while deciding the case on its own merits.

9. In view of the above, the Anticipatory Bail Application stands

disposed of.

10. Application for assisting the prosecution also stands disposed

of.

( MEHROZ K. PATHAN, J. )

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