AVINASH GENBA PANDULEversusPRASHANT DADASAHEB ANBHULE AND ANOTHER

2026:BHC-AUG:15066

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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                     ANTICIPATORY BAIL APPLICATION NO. 230 OF 2026
                          PRASHANT DADASAHEB ANBHULE
                                      VERSUS
                            THE STATE OF MAHARASHTRA
                                        WITH
                        CRIMINAL APPLICATION NO. 734 OF 2026
                                  IN ABA/230/2026
                                          …
                      Advocate for Applicant : Mr. Z.H. Farooqui h/f
                                               Mr. Dushing Sanjay B
                       APP for Respondents/State : Mr. P. D. Patil

                      Advocate for assisting prosecution : Mr. D. R. Adhav
                                            …

                                           CORAM : MEHROZ K. PATHAN, J.
                                             DATE : 8th APRIL 2026

              PER COURT :
              1.        Heard the learned Counsel Mr. Farooqui holding for Mr.
              Dushing for the Applicant, learned Counsel Mr. Adhav for assisting
              the    prosecution   and     the    learned   APP    Mr.     Patil     for        the
              Respondent/State.

              2.        The    Applicant    has    approached     this    Court,       seeking
              anticipatory bail application in connection with Crime No. 12/2026
              registered with Mirajgaon Police Station, District Ahilyanagar for the
              offences punishable under Sections 108 of            the Bhartiya Nyaya
              Sanhita, 2023 and under Section 39 of the Maharashtra Money
              Lending (Regulation) Act, 2019.
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3.       The case of the prosecution is that the offence came to be
registered at the instance of informant Avinash Pandule, resident of
Pimpri Ghumari, Taluka Ashti, District Beed. It is the prosecution’s
case that the brother of the informant, Chandrahas Pandule, had
borrowed loans from various banks for farming and dairy business.
He had also borrowed a loan of Rs. 1,50,000/- from the Applicant
about 18 months prior, and repaid Rs. 1,45,000/- approximately two
months ago. However, the Applicant persistently insisted on payment
of additional interest. It is alleged that on 08.01.2026, the deceased
informed the informant that the Applicant was demanding excessive
interest and issuing threats, and thereafter left home. At about 5:30
p.m., the informant attempted to call the deceased on his mobile
phone, but it was switched off. At about 8:00 p.m., the Applicant
came to the informant’s house and stated that the deceased had
borrowed Rs. 1,50,000/-, which was still due and payable, and
demanded interest, threatening dire consequences if Chandrahas
failed to repay. The Applicant further stated that since morning
Chandrahas was not answering his calls. The Applicant then left the
informant’s house. On the following day, the informant and his
relatives searched for Chandrahas but could not find him, and
thereafter lodged a missing report at Ashti Police Station.
Subsequently, Rushi Thorve of village Ghogargaon, Taluka Shrigonda,
informed that Chandrahas had committed suicide by hanging himself
from a neem tree in the forest area of Mandali. Hence the informant
made report against the accused that due to the illtreatment and
harassment for recovery of loan, deceased Chandrahas committed
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suicide and thereby he abated the suicide of the deceased.


4.       The learned Counsel for the Applicant submits that, even
assuming without admitting the threats allegedly extended by the
Applicant during his visit on the date of incident at 8:00 p.m., such
conduct cannot amount to instigation or abetment on the part of the
Applicant to drive the deceased to commit suicide. The Applicant is
alleged to have advanced a sum of Rs. 1,50,000/- and was merely
demanding repayment of the same. Such demand, by itself, would
not constitute instigation or abetment by the Applicant to the
deceased to commit suicide. The learned Counsel further submits
that the Applicant was protected during the pendency of the present
application before the Sessions Court. The Applicant has cooperated
with the investigation and attended the police station. The Applicant
is not having any criminal antecedents and is further ready to abide
by any conditions that may be imposed by this Court. Hence the
Applicant may be protected.


5.       As against this, the learned APP as well as the learned
Assisting Counsel strongly oppose the present application on the
ground that there are direct allegations of abetment to commit
suicide against the Applicant. It is alleged that the Applicant is
engaged in illegal money-lending activities in the vicinity and has
adopted coercive methods to extract money from gullible and
innocent villagers. The deceased had also been extended a loan of Rs.
1,50,000/-. The said loan was not repaid, and therefore, on
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08.01.2026, the Applicant allegedly arrived at the house of the
complainant and the deceased, and threatened that if his brother
failed to repay the amount, he would face dire consequences. Thus,
there are direct allegations against the present Applicant. The
Applicant is alleged to have committed an offence under Section 108
BNSS, which is punishable with imprisonment up to ten years.
Hence, the Applicant may not be released on bail.


6.       I have gone through the investigation papers made available
by the learned APP. A perusal of the investigation papers shows that,
after the death of the deceased, a case under Section 174 Cr.P.C. was
initially registered on 09.01.2026 as Merg No. 03/2026, upon the
statement of the complainant Avinash, the real brother of the
deceased. The said statement does not disclose any visit or threats
allegedly extended by the Applicant on the eve of the incident, i.e.,
on 08.01.2026 at about 8:00 p.m., as later alleged in the FIR filed
after 4 days i.e. on 13.01.2026.
.        Be that as it may, these are prima facie observations made
for the purpose of deciding the present application and the same may
not influence the trial Court. The Applicant was protected by the
learned Sessions Court during the pendency of the bail application.
The Applicant has attended the police station and has cooperated
with the investigation. The non-compliance of the interim order is
not reported by the prosecution. Hence, I am inclined to protect
Applicant. The apprehension of the learned APP can be taken care of
by imposing stringent conditions upon the Applicant. Hence, the
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following order:
                                   ORDER
(i)    In the event of arrest of the Applicant - Prashant Dadasaheb
Anbhule in connection with Crime No. 12/2026 registered with
Mirajgaon Police Station, District Ahilyanagar for the offences
punishable under Sections 108 of the Bhartiya Nyaya Sanhita, 2023
and under Section 39 of the Maharashtra Money Lending
(Regulation) Act, 2019, he be released on bail on furnishing P.R.
bond of Rs.50,000/- (Rupees Fifty Thousands) with two solvent
sureties in the like amount, on the following conditions :

(ii)   The Applicant is directed to attend Mirajgaon Police Station,
District Ahilyanagar on 15th, 16th, 22nd, 23rd, 29th, and 30th April of
2026 between 11:00 am. to 01:00 pm. and co-operate with the
Investigating Officer till filing of the charge-sheet.


(iii) The Applicant is directed not to tamper with the evidence and
shall not threaten the complainant or the witnesses.

(iv) The Applicant shall attend the trial on each and every date
unless so exempted by the trial on emergency conditions.

(v) The Applicant shall submit his Aadhar and PAN Cards to the
Investigating Officer and detailed addresses and phone numbers of
himself and two of the near relatives.

(vi) A single violation of the aforesaid conditions, would entitle the
prosecution to seek cancellation of bail of the Applicant on that
ground.
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(vii)      With the aforesaid directions, the application is disposed of.


(viii)     The application for assisting the prosecution is also disposed
of.



                                             MEHROZ K. PATHAN
                                                 JUDGE


NAJEEB..