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Bombay High Court
Gita Vaibhav Sable And Another vs The State Of Maharashtra And Another on 19 May, 2026
2026:BHC-AUG:21941
Dilwale 1 959-ABA-788-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
959 ANTICIPATORY BAIL APPLICATION NO. 788 OF 2026
Gita Vaibhav Sable And Another
VERSUS
The State Of Maharashtra And Another
...
Advocate for Applicants : Mr. Shermale K. N.
APP for Respondent-State: Mr. D. J. Patil
Advocate for Intervenor : Mr. Kanishk Waghwase
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 19.05.2026
PER COURT :
1. Mr. Kanishk Waghwase, learned counsel appearing for the
complainant/prosecutrix, is permitted to intervene.
2. Heard the learned counsel for the applicants, learned APP for the
State and the learned counsel appearing for the intervenor.
3. Learned counsel Mr. Shermale submits that the incident allegedly
occurred on 11.04.2026 at about 7.30 p.m. at Padalane-Ambad Road. He
submits that even after the incident, efforts were made to settle and
mediate the dispute; however, subsequently, the complaint came to be
lodged after four days and, therefore, there is delay in filing the
complaint. He further submits that the medical certificate placed on
record was not issued by a Government Hospital. Learned counsel
submits that applicant No.1 is serving as a Police Constable and applicant
Dilwale 2 959-ABA-788-26.odt
No.2 is working as a driver in MSRTC. According to him, the incident
occurred on account of a quarrel arising out of overtaking by a four-
wheeler vehicle of the informant, while the applicants were travelling on
motorcycles. He submits that there was no premeditation and the
incident occurred suddenly. He further submits that the investigation is
almost completed and custodial interrogation of the applicants is not
necessary.
4. Per contra, the learned APP as well as the learned counsel for the
intervenor strongly opposed the application. The learned APP invited my
attention to the medical report and pointed out that the injured sustained
four injuries, out of which two injuries are grievous and two are simple in
nature. It is further submitted that the injuries were caused by hard and
blunt objects.
5. Considering the submissions advanced and the fact that the
investigation is almost completed, I am of the view that custodial
interrogation of the applicants is not necessary. It prima facie appears
that the incident occurred in spur of moment which was not pre-
meditated and intentional. I am of the opinion that no arrest is necessary
as the applicants are ready to cooperate with the investigation and to
comply with the conditions imposed by this Court for securing their
attendance before the Investigating Agency. The applicants do not appear
to have criminal antecedents. By granting protection from arrest, the
liberty of the applicants can be upheld without curtailing the power of
Dilwale 3 959-ABA-788-26.odt
investigation of Police. Not to mention that it is always open for the
informant or prosecution to approach this Court in case of breach of
condition imposed by this Court while granting protection. Hence, the
following order :
ORDER
(i) The application is allowed. In the event of arrest of applicants,
namely, Geeta w/o Vaibhav Sabale and Vaibhav s/o Eknath Sabale in
connection with Crime No.0225 of 2026 registered with Police Station
Akole Dist. Ahilyanagar punishable under Sections 115(2), 118(2),
324(2), 189(2) 190 191(2), 352 and 351(3) of BNS, be released on bail
on executing P.R. Bond and Surety Bond of Rs.15,000/- each.
(ii) The applicants shall attend the concerned Police Station on every
Sunday between 10.00 a.m. and 02.00 p.m. till the filing of chargesheet.
(iii) The applicants shall not tamper with the prosecution evidence in
any manner whatsoever.
(iv) The applicants shall not enter the territorial jurisdiction of the
village where the informant resides till the filing of the chargesheet.
(v) The applicants shall cooperate with the Investigating Agency.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
