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Bombay High Court

JANKU BAPURAO YELE AND ANRversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail was granted to the applicants on the basis of prima facie observations indicating no substantial risk of flight, tampering with evidence, or threat to public order.

Summary

The applicants, Janku Bapurao Yele and Vivak Janku Yele, were arrested in connection with a FIR (CR No. 485 of 2026) arising from a family land dispute that resulted in injuries to the complainant, a relative. The FIR listed multiple offences under the Bharatiya Nyaya Sanhita, 2023, including sections relating to assault, criminal intimidation and offences against the human body. The primary issue before the court was whether bail should be granted despite the seriousness of the charges and the familial nature of the conflict. The court observed that both parties had a history of mutual complaints, that the injuries were largely simple, and that the applicants were cooperating towards reconciliation, indicating a low risk of flight or tampering. Consequently, the court granted bail subject to stringent conditions, including a personal bond, reporting requirements, and prohibitions on influencing witnesses. The order expressly limited its observations to bail and made no determination on the merits of the case.

Issues considered

  • Whether bail should be granted to the accused in a case involving multiple serious offences under the Bharatiya Nyaya Sanhita arising from a family land dispute

Legislation cited

Subjects

  • bail
  • criminal procedure
  • family dispute
  • land dispute
  • Bharatiya Nyaya Sanhita
  • prima facie
  • personal bond
  • reporting conditions

Judgment

                                                                              9. BA 3621-2026.doc

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       BAIL APPLICATION NO. 3621 OF 2026

                      1.      Janku Bapurao Yele                        .Applicants
                      2.      Vivak Janku Yele

                                     Vs.

                              The State of Maharashtra                  .Respondent

         Digitally
         signed by
                      Mr. Amit Sale a/w. Mr. Vaibhav Ugle, Advocates, for the Applicants
         ANAND        Mr. Y. M. Nakhwa, APP, for the Respondent – State
ANAND    SUDHAKAR
SUDHAKAR SUDAME
SUDAME   Date:
                      Mr. Abhishek Ulhas Arote, Advocate, for Respondent No.2/Complainant
         2026.09.29
         15:07:53
         +0530
                                           CORAM : MILIND N. JADHAV, J.

                                           DATE    : 28.09.2026
                      P. C.

                      1.      Heard Mr. Sale, learned Counsel for the Applicants, Mr. Nakhwa,

                      learned APP for the Respondent – State and Mr. Arote, learned Counsel

                      for the Complainant.

                      2.      This Application is filed in connection with C.R.No. 485 of 2026

                      registered with Shirur Police Station, Pune for offences punishable

                      under Sections 109, 118(2), 118(1), 115(2), 126(2), 189(2), 189(4),

                      190, 191(2), 191(3), 351(2), 351(3) & 352 of the Bharatiya Nyaya

                      Sanhita, 2023 (for short “BNS”).

                      3.      The Applicants are arraigned as Accused Nos. 2 & 4. The

                      Applicants and the injured Victim, who is the Complainant are all

                      family members belonging to the same family. There is a land dispute

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amongst them with regard to determination and entitlement of share

as also vahivat. The record which is placed before me to which Mr. Sale

has referred to prima facie shows that there are several past incidents

in the form of crimes registered qua and against both the parties by

either of the parties and it is for the same cause of action. Just one

month prior to the present incident in question which took place on

25.05.2026, there was a crime registered against both the parties

before me emanating and arising out of the same cause of action. It is

seen that in the present case, FIR is lodged after a hiatus of three days

especially when it is the case of the prosecution that the Complainant’s

brother was grievously injured. The Injury Certificates are appended at

page Nos. 63 to 65. It prima facie show only one grievous injury,

whereas rest of the injuries are simple. Be that as it may, the motive of

the crime is clear. Though it is argued vehemently by the prosecution

that threats have been administered to eliminate and finish the injured

victim that is bound to happen when tension escalates in family

members and both families suffer and are at the receiving end.

However, considering the nature of the lis and also the fact that parties

from both sides having been involved and have also been injured in the

incident in question, I am inclined to accept the case of the Applicants

for grant of bail. I am also informed that both parties are actively


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                                                           9. BA 3621-2026.doc

considering reconciliation of their long standing feud. However, this is

not the reason for grant of bail.

4.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicants is allowed subject to the following terms

and conditions:-

           (i)   Applicants – Janku Bapurao Yele and Vivak Janku Yele

                 are directed to be immediately released from prison in

                 connection with CR. No. 485 of 2026;


           (ii) Applicants are directed to be released on bail on

                 furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five

                 Thousand only) each with one surety of the like

                 amount;


           (iii) Applicants shall report to the Investigating Officer at

                 Shirur Police Station, Pune , once every month, on the

                 first Monday of the month between 10:00 a.m. to 12:00

                 p.m. until commencement of trial and thereafter shall

                 attend all dates of hearing before the Trial Court;


           (iv) Applicants shall co-operate with the conduct of the trial

                 and remain present before the Trial Court on all dates,

                 unless specifically exempted. Applicants shall not seek


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                                                           9. BA 3621-2026.doc

                 unnecessary adjournments. Any such conduct shall

                 entitle the prosecution to apply for cancellation of bail;


           (v) Applicants shall not leave the State of Maharashtra

                 without prior permission of the Trial Court;


           (vi) Applicants shall not influence any of the witnesses or

                 tamper with the evidence in any manner;


           (vii) Applicants shall keep the Investigating Officer informed

                 of their current residential addresses and mobile

                 telephone numbers and shall forthwith inform the

                 Investigating Officer of any change in their residential

                 addresses or mobile telephone numbers, as and when

                 such change occurs; and


           (viii)Any breach or infraction of any of the aforesaid

                 conditions shall entail cancellation of the bail granted to

                 the Applicants.


5.      It is clarified that the observations made in this order are limited

for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

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                                                        9. BA 3621-2026.doc

hereinabove in this order.


6.      Bail Applications are allowed and disposed in the above terms.




                                                (MILIND N. JADHAV, J.)




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