Bombay High Court

DATTATRAY ANIL IRAPE AND ORS.versusTHE STATE OF MAHARASHTRA

Disposal: Allowed

Holding

The court granted anticipatory bail, making the application absolute subject to the stipulated conditions.

Summary

Omkar Vijay Kshirsagar applied for anticipatory bail in Crime No. 723 of 2025 registered at Faujdar Chawadi Police Station, Solapur City. The applicant deposited Rs. 14,58,500 and complied with the trial court’s direction to report to the police and cooperate with the investigation. The High Court, after hearing the applicant, the State and intervenors, granted the anticipatory bail, making the earlier interim order absolute and imposing additional conditions such as monthly reporting, cooperation, prohibition on intimidation, and furnishing of residential details. The intervenors’ grievances regarding the investigation were left open for consideration by the appropriate forum. Consequently, the anticipatory bail application and the related interim application were both disposed of.

Issues considered

What is the scope of Section 438 CrPC in granting anticipatory bail with conditions?
Whether the applicant’s compliance with deposit and reporting requirements justifies conversion of interim bail to absolute bail?
Whether the court may impose conditions such as periodic reporting, cooperation, and non‑intimidation on the grant of anticipatory bail.

Subjects

anticipatory bail
Section 438 CrPC
interim bail
conditions of bail
cooperation with investigation
intervenors

Judgment

16-ABA-2491-2025 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 2491 OF 2025

Omkar Vijay Kshirsagar … Applicant
Versus
The State of Maharashtra … Respondent

WITH
CRI-INTERIM APPLICATION NO. 90 OF 2026
IN
CR. ANTICIPATORY BAIL APPLN. NO. 2491 OF 2025

Dattatray Anil Irape And Ors. … Intervenors
In the matter between :
Omkar Vijay Kshirsagar … Applicant
Versus.
The State of Maharashtra … Respondent

-----
 Mr. Pratik Patil a/w. Mr. Kuldeep U. Nikam for the Applicant.
 Mr. Yogiraj B Purwant for the Intervenors.
 Mr. Nitin B. Patil, A.P.P. for the Respondent-State.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 17th August 2026.

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PER COURT :

1. Heard Mr. Pratik Patil, learned Advocate for the Applicant, Mr. Nitin

Patil, learned Advocate for the Respondent-State and Mr. Yogiraj Purwant,

learned Advocate for the Intervenors.

2. On 16th February 2026, the following order was passed:

“1. Learned advocate for the applicant, on instructions, submits that
applicant undertake to deposit amount of Rs. 14,58,500/- in the
Trial Court by Wednesday i.e. 18.02.2026.
2. In view of said statement, in the event of arrest of applicant-
Omkar Vijay Kshirsagar in Crime No. 723 of 2025 registered
with Faujdar Chawadi Police Station, Solapur City, he be released
on bail on executing Personal Bond of Rs. 15,000/- with one
surety in the like amount.
3. Applicant shall attend the concerned police station from
18.02.2026 to 22.02.2026 between 10.00 am to 2.00 pm and
shall co-operate in the investigation.
4. Stand over to 24.02.2026.”

3. On 25th February 2026, the following order was passed:

“1. Urgent paper-production is sought because the regular Bench is
not available today and therefore the matter is not listed and
interim relief is continuing only till yesterday.
2. Learned counsel for the Applicant states that the amount as
directed under the earlier order has been deposited.
3. Perused the last order dated 16.02.2026.

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4. Stand over to 18.03.2026. Ad-interim/interim relief, if any, to
continue till next date.”

4. Mr. Pratik Patil, learned Advocate for the Applicant, states that the

Applicant has been appearing before and reporting to the Investigating

Officer at Faujdar Chawadi Police Station, Solapur City and has been co-

operating with the investigation in Crime No. 723 of 2025.

5. Mr. Nitin Patil, learned A.P.P., on instructions, submits that the

Applicant has been appearing and co-operating with the investigation in

Crime No. 723 of 2025.

6. Mr. Yogiraj Purwant, learned Advocate for the Intervenors, submits that

the Intervenors have grievances against the manner in which the

investigation in Crime No. 723 of 2025 is being conducted. He therefore

requests that all his contentions in the matter be left open. At the request of

Mr. Yogiraj Purwant, learned Advocate for the Intervenors, all contentions of

the Intervenors in relation to the investigation in Crime No. 723 of 2025 are

left open for consideration before the appropriate forum.

7. In view of the statement made by Mr. Pratik Patil, learned Advocate for

the Applicant and Mr. Nitin Patil, learned A.P.P., that the Applicant has been

appearing before and reporting to the Investigating Officer at Faujdar

Chawadi Police Station, Solapur City and has been co-operating with the

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investigation in Crime No. 723 of 2025 in terms of the order dated 16 th

February 2026, this Application is made absolute in terms of the order dated

16th February 2026, subject to the following additional conditions.

ADDITIONAL CONDITIONS:-

“(a) The Applicant shall report to the Investigating Officer at Faujdar

Chawadi Police Station, Solapur City, on every fourth Monday of

each month, commencing from 24 th August 2026, from 11:00

a.m. to 12:00 noon and/or any other date as may be required by

the Investigating Officer.

(b) The Applicant shall co-operate with the investigation in Crime

No. 723 of 2025, registered with Faujdar Chawadi Police

Station, Solapur City.

inducement, threat or promise to any person acquainted with

the facts of the case to dissuade that person from disclosing the

facts to the Court or any police officer.

(d) The Applicant shall provide the Investigating Officer with his

residential address along with proof, his contact number and

must inform the Investigating Officer of any changes to this

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information from time to time. ”

8. The Anticipatory Bail Application No. 2491 of 2025 stands disposed of.

9. In view of the disposal of Anticipatory Bail Application No. 2491 of

2025, Interim Application No. 90 of 2026 is also disposed of.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.08.18
10:58:43
+0530

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