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2025 Supreme(Online)(Bom) 248949
HIGH COURT OF BOMBAY
Madhav J. Jamdar, J
Vaibhav Balkrishna Kale – Appellant
Versus
State Of Maharashtra – Respondent
ANTICIPATORY BAIL APPLICATION NO.583 OF 2025
For the Appellants/Petitioners: Shailesh Kharat, Vishwajeet Nimbalkar, Ashvet Bhoir, Onkar Chaudhari
For the Respondents: S.A. Karmakar
Anticipatory bail is granted to accused individuals upon establishing their lack of weapon possession, minimal participation beyond passive presence at the crime scene, and absence of criminal history. Conversely, material non-disclosure of criminal antecedents requires an applicant to withdraw their plea to ensure procedural transparency.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Bharatiya Nyaya Sanhita, 2023 - Indian Arms Act, 1959 - Anticipatory bail - Grant of - Principles regarding - Mere presence at the scene of the incident without active participation or possession of weapons, coupled with an absence of criminal antecedents, provides a valid ground for the grant of pre-arrest protection. Conversely, the non-disclosure of existing criminal antecedents in a bail application constitutes a material omission, necessitating the withdrawal or rejection of the plea. (Paras 2, 4, 6, 7)
Facts of the case:
The applicants sought pre-arrest bail in connection with allegations of assault involving weapons. The prosecution argued that all applicants were physically present at the scene of the incident. It was further submitted that one of the applicants had undisclosed criminal antecedents, leading to a request for withdrawal of his application with liberty to file afresh, whereas the remaining applicants were noted to possess no weapons and had no prior criminal records.
Findings of Court:
The court permitted the applicant with undisclosed antecedents to withdraw his plea to rectify the omission. For the remaining applicants, the court observed that their involvement was limited to mere presence at the scene without carrying or utilizing any weapons. Finding that these applicants had cooperated and lacked criminal history, the court granted them anticipatory bail subject to conditions.
Issues: Whether anticipatory bail is warranted for accused persons solely placed at the crime scene without physical involvement or weapon possession, and whether the failure to disclose prior criminal history is fatal to a pending bail application.
Ratio Decidendi: Anticipatory bail is merited where the accused exhibits no active role, provides a commitment to investigative cooperation, and lacks a criminal history; failure to disclose material facts such as antecedents invalidates the application process, requiring a fresh approach by the applicant to ensure transparency.
Result: Application disposed of; pre-arrest bail granted to two applicants, and withdrawal with liberty to refile granted to the third applicant.
| Table of Content |
|---|
| 1. nature of case and invocation of anticipatory bail. (Para 1 , 2 , 3) |
| 2. contentions regarding involvement and criminal antecedents. (Para 4 , 5 , 6) |
| 3. criteria for bail based on role and lack of antecedents. (Para 7) |
| 4. final order and disposal conditions for bail. (Para 8 , 9 , 10) |
P.C.:
1. Heard Mr. Kharat, learned Counsel appearing for the Applicants and Mr. Karmakar, learned APP for the State.
2. By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicants (i.e. Accused Nos. 3, 4 and 5) are seeking pre-arrest bail in connection with C.R. No.56 of 2025 registered with Khed Police Station, Pune Rural, for the offences punishable under Sections 118(2), 126(2), 189(2), 191(2), 191(3), 190, 324(4), 324(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Sections 4, 25 and 27 of Indian Arms Act, 1959.
3. As per the prosecution case, six named Accused and 3 or 4 unknown persons assaulted the First Informant by sickle, iron rod and wooden sticks.
4. It is the submission of Mr. Kharat, learned Counsel for the Applicants that the only role attributed to the present Applicants i.e. Accused Nos. 3, 4 and 5 are that they were present on the spot i.e. when the incident in question took place. He submits that the Applicants will co-operate with investigation.
5. On the other hand, Mr. Karmakar, learned APP strongly opposes the Anticipatory Bail Application. He submits that the Applicants are involved in the crime and were present on the spot, when the incident took place. He submits that one injury is grievous.
6. Mr. Karmakar, learned APP submits that as far as Applicant No.3 – Sunny Ravindra Pawale (Accused No.5) is concerned, there is one antecedent and the same is not disclosed in the application.
In view of said contention raised by the learned APP, Mr. Kharat, learned Counsel for the Applicants seeks withdrawal of the Anticipatory Bail Application as far as Applicant No.3 – Sunny Ravindra Pawale (Accused No.5) is concerned with liberty to file fresh Anticipatory Bail Application by disclosing the antecedents.
7. As far as Applicant Nos. 1 and 2 (i.e. Accused Nos. 3 and 4) are concerned, although their names are mentioned in the F.I.R., the only role attributed to them is that they were merely present on the spot with co-Accused. The Applicants were not carrying any weapon even nor wooden sticks. The Applicant Nos.1 and 2 have no antecedents. The Applicants have undertaken to co-operate with the investigation. Accordingly, by imposing conditions, case is made out for grant of Anticipatory Bail to Applicant Nos. 1 and 2.
8. Hence, following Order is passed:
O R D E R
(i) The Anticipatory Bail Application of Applicant No. 3- Sunny Ravindra Pawale (i.e. Accused No.5) is allowed to be withdrawn with liberty to file fresh Anticipatory Bail Application by giving particulars of all antecedents.
(ii) In the event of arrest, the Applicant No.1- Vaibhav Balkrishna Kale and Applicant No. 2- Omkar Ramnath Popalghat be released on bail in C.R. No.56 of 2025 registered with Khed Police Station, Pune Rural, on executing P.R. bonds of Rs.25,000/- each and furnishing one or two sureties in the like amount.
(iii) The Applicant Nos. 1 and 2 shall attend the concerned Police Station on 27th November 2025 and 28th November 2025 between 11.00 a.m. to 2.00 p.m. and thereafter once in 15 days i.e. on 1st and 3rd Sunday of month between 11.00 a.m. to 2.00 p.m. and shall co-operate with the investigation.
(iv) The Applicant Nos.1 and 2 shall furnish their cell phone numbers and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(v) The Applicant Nos.1 and 2 shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(vi) The Applicant Nos. 1 and 2 shall not leave In
