[Cites 2, Cited by 0]
Bombay High Court
Radheshyam Hariram Prajapati vs State Of Maharashtra on 10 February, 2026
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2026:BHC-AS:6912 907-ABA-374-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.374 OF 2026
Radheshyam Hariram Prajapati ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Ranjeet M. Pawar, for the Applicant.
Ms. R. V. Newton, APP, for the Respondent-State.
Mr. Akshay More, PSI, attached to Yavat Police Station, Pune Rural,
Pune, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 10th FEBRUARY 2026
PC:-
1. Heard Mr. Pawar, learned Counsel appearing for the
Applicant and Ms. Newton, 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.1097 of 2024 registered with Yavat Police
Station, Pune Rural, Pune, for the offences punishable under
Sections 123 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
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Sections 65(c) and 65(d) of the Maharashtra Prohibition Act,
1949.
3. The prosecution case is set out in paragraph No.3 of the
order dated 4th January 2025 passed by the learned Additional
Sessions Judge, Baramati, District-Pune in Criminal Bail
Application No.1263 of 2024, which reads as under:
"3] The case of the prosecution is that on
04.11.2024 at about 21.50 PSI Waghaj and the
police staff alongwith panch witnesses effected raid
on the basis of secret information about
manufacturing and sale of country made liquor at
the edge of stream in bushes within the vicinity of
village Dahitane, Tal Daund. They had found 70 ltr
liquor and raw poisonous material and instruments
required for liquor production worth Rs.3,67.000/-
at the spot. The police had seized the same after
taking sample which is destroyed on the spot being
dangerous to the human health. On enquiry the
persons from nearby area had informed the police
that Raju Prajapati and Chandar Chavan both
resident of Hadapsar, Tal. Haveli are manufacturing
the country-made liquor at the relevant spot. Police
Head Constable M.S.Chandane had lodged report
with Yavat Police Station. On the basis of his report,
CR No.1097/2024 came to be registered."
4. It is the submission of Mr. Pawar, learned Cousnel appearing
for the Applicant that no specific role has been assigned to the
Applicant. The Applicant was not present at the spot when the raid
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was conducted. He submits that place where alleged liquor was
being manufactured does not belong to the Applicant and there is
no recovery at the instance of the present Applicant. He submits
that although there are six antecedents against the Applicant, those
are of the year 2016, 2017 and 2019. He submits that in those
cases, the Applicant has been granted bail. He submits that the
subject FIR i.e. C.R. No.1097 of 2024 has been registered at Yavat
Police Station, Pune Rural, Pune. He submits that now the
Applicant has shifted to Hadapsar, Pune and the Applicant is ready
to abide by any condition imposed by the Court.
5. On the other hand, Ms. Newton, learned APP strongly
opposes the Anticipatory Bail Application. She submits that the
offence is very serious. She submits that the Applicant is involved
in the crime and the Applicant is habitual offender and therefore,
the Anticipatory Bail Application be rejected.
6. Perusal of the record shows that this is a second Anticipatory
Bail Application. The first Anticipatory Bail Application No.154 of
2025 was allowed to be withdrawn by this Court by order dated
20th January 2026 as the antecedents were not disclosed. However,
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in the said Anticipatory Bail Application No.154 of 2025, the
Applicant was protected by order dated 20th January 2025 and the
said protection was continued for some time. There is nothing on
record to indicate that the Applicant has misused the said
protection. Although there are six antecedents against the
Applicant, the same are of the year 2016, 2017 and 2019. The
Applicant has been released on bail in those case. The maximum
punishment is of 3 years.
7. As there are six antecedents against the Applicant, by
imposing stringent conditions, the Applicant can be granted pre-
arrest bail. In view thereof, the following order is passed:
ORDER
(a) In the event of arrest of the Applicant-Radheshyam
Hariram Prajapati in connection with C.R. No.1097 of
2024 registered with the Yavat Police Station, Pune
Rural, Pune, the Applicant is directed to be released
on bail on his furnishing P.R. Bond in the sum of
Rs.1,00,000/- with one or two solvent sureties in the
like amount.
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(b) The Applicant shall attend the Yavat Police Station,
Pune Rural, Pune, as and when called by the
Investigating Officer and shall co-operate with the
investigation.
(c) The Applicant shall attend the Hadapsar Police
Station, Pune, on every Sunday between 11:00 a.m. to
02:00 p.m. till conclusion of the trial.
(d) 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.
(e) 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.
(f) The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
(g) The Applicant shall not leave India without prior
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permission of the learned Trial Court/concerned
Sessions Court.
8. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.02.10
19:11:59
+0530
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