[Cites 1, Cited by 0]
Bombay High Court
Baban Kisan Ichke vs State Of Maharashtra on 3 February, 2026
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2026:BHC-AS:5544 12-ABA-2909-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2909 OF 2025
Baban Kisan Ichke ...Applicant
Versus
The State of Maharashtra ...Respondent
Ms. Pratiksha Thube (through Video Conferencing), for the
Applicant.
Ms. Savita M. Yadav, APP, for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 3rd FEBRUARY 2026
PC:-
1. Heard Ms. Thube, learned Counsel appearing for the
Applicant and Ms. Yadav, learned APP appearing for the
Respondent-State.
2. This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in
connection with C.R. No.561 of 2025 registered with Shirur Police
Station, Pune Rural, Pune, for the offences punishable under
Sections 351(3), 351(2), 352, 115(2) and 118(1) of the Bharatiya
Nyaya Sanhita, 2023.
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3. The prosecution case and the reasons for rejection of pre-
arrest bail are set out in paragraph No.5 of the order dated 10 th
October 2025 passed by the learned Additional Sessions Judge,
Pune in Criminal Bail Application No5942 of 2025, which read as
under:
"5. On perusal of copy of investigation papers, it
appears from FIR that in the year 2019 the
applicant and co-accused Lilabai had assaulted
informant on the reason of agricultural land,
therefore informant had lodged report against
them. In that crime, the applicant and Lilabai were
acquitted. As per FIR, on 25/07/2025 at about
12.15 midnight when informant and his family
members were sleeping, they heard noise of
breaking of glasses. When informant came out of
his house, he saw that applicant and Lilabai were
holding sickle and iron rod. It is alleged that
applicant threatened the informant and tried to
assault on the head of informant by means of sickle,
but he stopped said blow by his right hand. At that
time, Lilabail was assaulting informant by means of
iron rod. Hearing hue and cry of informant, his
family members shouted. At that time, informant to
save himself ran towards and went inside of house.
He called police. It appears that previously also
applicant alleged to have assaulted informant, but
he acquitted from that case, which shows previous
enmity between applicant and informant. Injury
report shows that informant had sustained lacerated
wound on right forearm on flexor of size 10 cm
proximal to wrist joint 5 cm x 1 cm x muscle deep.
The spot panchnama also shows that there was
blood on spot of incident. The applicant alleged to
have assaulted informant by sickle. Police wants to
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seize said sickle, which cannot be possible without
custodial interrogation of applicant. Therefore,
considering the facts and circumstances of the case
and the allegations against the applicant, I am not
inclined to exercise discretion in favour of applicant
to protect him from his arrest in present crime.
Hence, I proceed to pass following order-
Application for anticipatory bail (Exh.01) is hereby
rejected"
4. It is the submission of Ms. Thube, learned Counsel appearing
for the Applicant that the dispute is of civil in nature. She submits
that the Applicant has been falsely implicated in the crime. She
submits that the Applicant has been acquitted from previous case
lodged by the First Informant. She submits that the Applicant is
senior citizen aged 64 years and that the Applicant is ready to co-
operate with the investigation and therefore, the Anticipatory Bail
Application be allowed.
5. On the other hand, Ms. Yadav, learned APP strongly opposes
the Anticipatory Bail Application. She submits that as per previous
antecedent the Applicant has assaulted the First Informant. She
submits that injuries are grievous in nature. She further submits
that sickle used in incident in question is yet to be recovered. She
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therefore, submits that the Anticipatory Bail Application be
rejected.
6. As per the prosecution case, the Applicant has assaulted the
First Informant with sickle. There are injuries on the First
Informant. Although it is correct that the injuries are of grievous
nature, however, perusal of the FIR shows that there is some
enmity between the First Informant and the Applicant. In the
earlier FIR being C.R. No.644 of 2019 registered with Shirud Police
Station, Pune, under Section 326, 337, 504, 506 read with 34 of
the Indian Penal Code, 1860, the Applicant and his wife have been
acquitted.
7. Perusal of the record shows that there is some dispute
between these two families with respect to agricultural land. There
is nothing on record to show that apart from the earlier
antecedent, where the Applicant has been acquitted, there is any
other antecedent. The Applicant is senior citizen of 64 years old.
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8. Accordingly, the case is made out for grant of Anticipatory
Bail by imposing stringent conditions. In view thereof, the
following order is passed:
ORDER
(a) In the event of arrest of the Applicant-Baban Kisan
Ichke in connection with C.R. No.561 of 2025
registered with the Shirur Police Station, Pune, the
Applicant is directed to be released on bail on his
furnishing P.R. Bond in the sum of Rs.25,000/- with
one or two solvent sureties in the like amount.
(b) The Applicant shall attend the Shirur Police Station,
Pune, on every Sunday between 11:00 a.m. to 01:00
p.m. till filing of the chargesheet and shall cooperate
with the investigation. In addition, the Applicant shall
attend the concerned Police Station as and when
called.
(c) The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and
shall keep the same updated, in case of any change
thereto.
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12-ABA-2909-2025.DOC
(d) The Applicant 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.
(e) The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
9. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.02.03
18:37:44
+0530
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