Uddhav @ Baba Baburao Nimse vs State Of Maharashtra

2025:BHC-AS:37952 925 ABA 2430.25.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Digitally signed by ANTICIPATORY BAIL APPLICATION NO.2430 OF 2025 ARJUN ARJUN VITTHAL VITTHAL KUDHEKAR KUDHEKAR Date: Uddhav alias Baba Baburao Nimse ...Applicant 2025.09.11 23:13:00 Versus +0530 State of Maharashtra ...Respondent

Mr. Sudeep Pasbola, Senior Counsel a/w Mr. Vishwanath Patil, Mr. Harshwardhan Karande, Mr. Kedar Nhavkar i/by Mr. Milan Desai for Applicant. Mr. Abad Ponda, Senior Counsel a/w Mr. Raviraj Paramane, Mr. Deva Shinde, Mr. Jaydeep Vaishampayan, for Intervenor- First Informant. Mr. C.D. Mali APP for State. A.C.P. Shekhar Deshmukh, Ambad Division, Nashik City, present.

CORAM: MADHAV J. JAMDAR, J.

DATED: 10th September 2025 P.C.:

1. The Applicant is seeking Pre-Arrest Bail in connection with

C.R. No. 266 of 2025 registered with Aadgaon Police Station,

Nashik - registered under sections 109, 189(2), 189(4), 190, 191,

192, 351(2) and 351(3) of the Bharitya Nyaya Sanhita, 2023

("BNS"). Although the FIR has been initially inter alia lodged for

offence of attempt to murder under Section 109 of BNS, however,

as one injured-Rahul Raju Dhotre succumbed to his injuries on 29 th

August 2025 the offence of murder under Section 103(1) of BNS

has been added.

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2. At the outset, it is required to be noted that this Anticipatory

Bail Application for the first time came up before this Court on 8 th

September 2025 and after the same was argued substantially, the

same was adjourned to 10th September 2025 for taking instructions

of withdrawal of the Application as this Court was not inclined to

grant bail. However, today Mr. Pasbola, learned Senior Counsel

appearing for the Applicant submitted that the Applicant has

instructed him to argue the matter and invite order of this Court.

Accordingly, today also submissions of Mr. Pasbola, learned Senior

Cousnel for the Applicant, Mr. Mali, learned APP for the State and

Mr. Ponda, learned Senior Counsel for the First Informant were

heard.

3. Mr. Sudeep Pasbola, learned Senior Counsel submitted that

the Applicant is not involved in the crime, the Applicant is Ex-

Corporator and as such public servant and therefore in fact after he

came to know that two groups are assaulting each other the

Applicant called the Police and went at the spot to pacify the

situation. Learned Senior Counsel submits that the Applicant had

taken the injured to the hospital. Learned Senior Counsel also

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submits that in fact when the actual assault took place the

Applicant was not present.

4. Mr. Mali, learned APP submitted that the offence is very

serious, wherein one person has been killed and one is seriously

injured, who was in the hospital for about 16 days. Learned APP

submitted that as far as the deceased is concerned, there were 31

injuries on his body and as far as the injured is concerned, there

were about 7 injuries which are of very serious and grave in

nature. He submitted that the contents of FIR have been

corroborated by the statements of the eye witnesses, whose

statements have been recorded by the Investigating Officer.

Learned APP submitted that the contention raised that the

Applicant had called the Police is completely false and to

substantiate the said contention he points out statement dated 9 th

September 2025 of Mr. Sanjay Pise, Senior Police Inspector stating

that the Applicant has not informed the Police about the incident.

Mr. Mali, learned APP further submitted that the Applicant is

absconding.

5. Mr. Ponda, learned Senior Counsel appearing on behalf of

the Intervenor-First Informant submitted that the offence is very

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serious wherein one person has been killed and another person has

been seriously injured. He submitted that the Applicant is

politically influential person. The Applicant is a sitting Corporator

of the Nashik Municipal Corporation, in the sense that he was the

Corporator when the term of the elected members have come to an

end and still elections are yet to be held. He submits that the

Applicant belongs to the Bharatiya Janata Party i.e. ruling party in

the State of Maharashtra and therefore although the FIR was

lodged on 22nd August 2025 still the Applicant has not been

arrested. Learned Senior Counsel submitted that almost all the

Accused have been arrested but the Applicant has not been

arrested. He submits that the material on record shows that the

Applicant had instigated other co-Accused to commit serious crime

of murder and as a result crime of murder and attempt to murder

had taken place. He submitted that the Police are in fact

conducting the investigation in such a manner that incriminating

material against the Applicant is not collected. He therefore

submits that the Application be dismissed.

6. Before considering the rival submissions, it is necessary to

set out the the relevant portion of FIR, which reads as under :

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"12. First Information contents (iz थम खबर हकि गत):

गु रनं 266/2025 भान्यासं लम-109, 189(2), 189(4), 190, 191, 192, 351(2), 351(3), 352, महाराष्ट् पोलीस अधीकिनयम 135 iz माणे तपास- API बोंडे

माझे नाव आ ाश राजु धो=s वय 29 वर्ष&, धं दा खासगी नो री, जात- वडार, रा. जनाद&न नगर, तु ळजाभवानी मं दीरा समोर, नांदुर ना ा, सं भाजी नगर हायवे , नाकिश , मो. नं . 8459647678.

f'k क्षण- इयत्ता 12 वी. ईमे ल आयडी-akashdhotre 345@gmail.com हजर राहुन कि-या&द दे तो ी, मी वरील कि. ाणी वडील- राजु किलं गा धो=s, आई- पारुबाई राजु धो=s, पत्नी रकिवना आ ाश धो=s, भाउ- सनी राजु धो=s, त्याची पत्नी पु जा सनी धो=s, छोटा भाउ- राहुल राजु धो=s, त्याची पत्नी मे घा राहुल धो=s, लहान भाउ किवर्षाल राजु धो=s असे ए =h त ु टूंकिबय राहतो.

किदनां 22/08/2025 रोजी सायं ाळी साधारण 05.59 वाजे चे सु मारास मी घरी झोपलो असतांना माझा भाऊ सनी धो=s याने मला -ोन रून ळकिवले ी, 'आता थोड्या वे ळापूवी& नांदुर नाक्यावर माझे किनमसें च्या दोन मु लांसोबत भांडणं झाले आहे , मी तु ळजा भवानी मं किदराजवळ ये तोय, तु पण ते थे ये '. मी उ.ू न तु ळजा भवानी मं किदराजवळ सायं ाळी 06.05 वाजताच्या सु मारास गे लो. माझा भाउ सनी धो=s, राहल ू सं जय धोत्रे, माझ्या आत्याचा मु लगा अजय ु साळ र व किम= शु भम कितड े , अल्ता- शे ख है नांदुर नाक्या डू न ते थे आले . ते थे माझे ा ा किस ं दर धो=s हे उभे च होते . मी माझा भाउ सनी यास ाय झाले ? याबाबत किवचारले असता त्याने मला सां किगतले ी, 'माझे किनमसें च्या दोन मु लांसोबत भांडणं झाले आहे . ते वढ्यात ते थे आडगाव पोलीस .ाण्याची गाडी आली. त्यांनी मला किवचारपूस रून माझा भाउ सनी व शु भम कितड े यांना पोलीस गाडीत बसवून त dzk र दे ण्यासा.ी पोलीस .ाण्यास घे वन ू गे ले. बा ीचे आम्ही ते थेच थांबन ू होतो. अंदाजे सायंकाळी 06.15 वाजताच्या सुमारास जनादन नगर ये थील तुळजा भवानी मं दिदराजवळ उद्धव उर्फ बाबा बाबूराव दिनमसे यांची गाडी आली. ते व्हा उद्धव दिनमसे हे मला बोलले की, 'दिनमसें ना मारलं का तु म्ही, आम्ही इथले बाप आहोत, बाप, तु म्ही बाहे रून ये वन ू आमच्या गावात गु ड ं ागदी कराल का ?

त्यानंतर त्यांनी मला दि*वीगाळ करण्यास सु रुवात केली. त्यांच्या पाठोपाठ पवन दिनमसे , संतो* मते , सदिचन दिदंडे, स्वदि/नल बागुल, सु धीर दिनमसे उर्फ गोट्या हे दे खील ते थे आले . ते व्हा उद्धव दिनमसे यांनी सवा4 ना उ‌द्दे*न ू 'या सव धो=sa ना मारून टाका, बाहे रून ये वन ू

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आम्हाला मारतील का? यांना संपवून टाका, यांना सोडू नका' असे बोलले . ते व्हा मी व माझे काका उद्धव दिनमसे यांच्या पाया पडत होतो, परं तू ते ऐकण्याच्या मनदिस्थतीत नव्हते व दि*वीगाळ करत होते . त्यानंतर पवन दिनमसे याने त्याच्या हातात एक छोटी बंद ूक काढली, त्यामुळे माझा भाउ राहल ू संजय धो=s, माझ्या आत्याचा मुलगा अजय कुसाळकर हे ते थन ू आमच्या घराच्या गल्लीकडे पळू न जायला लागले . त्यांच्या पाठोपाठ पवन दिनमसे , संतो* मते , सदिचन दिदंडे, स्वदि/नल बागुल, सु धीर दिनमसे उर्फ गोट्या हे दे खील लाकडी दांडे घे वन ू पळाले . त्यानंतर उद्धव दिनमसे हे मला ते थेच दि*वीगाळ करत असतांना अजून 10 ते 15 गावातील मुलं ज्यात अक्षय अ*ोक पगार, मेघराज जोजारे , गणे* राजाभाउ दिनमसे , रो*न जगताप व इतरांची नावे मला मादिहत नाही हे ते थे लाकडी व लोखंडी दांडके व सु दिमत हांडोरे याच्या हातात चॉपर सारखे हत्यार घे वन ू ते थे आले . ते पण आमच्या घराच्या गल्लीकडे पळाले . काही लोकं है संभाजी नगर हायवे लगत दे खील उभे होते . त्यानंतर पु न्हा ते थे पोलीस गाडी आली व त्यांनी गदिदची पांगापांग केली. ते व्हा उद्धव दिनमसे यांनी पोलीसांना दे खील दि*वीगाळ केली. त्यानंतर काही वेळाने मला माझे मामा दत्तू iz ल्हाद कुसाळकर हे सांगत आले की, 'अज्याला घराजवळ मारले आहे , तो ते थे पडे ल आहे '. मी, माझे काका व बाकीचे लोक दितकडे पळत गेलो. ते थे गे ल्यावर पादिहले की, माझ्या आत्याचा मुलगा अजय कुसाळकर हा रक्तबंबाळ अवस्थे त पडलेला दिदसला. त्याच्या डोक्यास, हातास व पायास मार लागलेला दिदसत होता. मी, माझे काका दिसकं दर व इतर यांनी अजय यास उचलून मंदिदराजवळ आणले , ते थे उभ्या असले ल्या एका गाडीत गयावया करून अजय यास दवाखान्यात ने ण्यासाठी टाकले व त्या गाडीतून आम्ही अजय यास जगदंब हॉस्पीटल ये थे सायंकाळी 06.55 वाजताच्या सुमारास नेले, ते थे मेन डॉक्टर नव्हते , ते थे कोणीतरी अजय यास मलमप‌ट्टी केली. त्यानंतर ते थील स्टार्फने पे*ट ं ला जास्त लागले आहे , त्याला मु ब ं ईनाका ये थील एका हॉस्पीटलमध्ये घे वन ू जाण्यास सांदिगतल्याने मी त्याला खाली आणले . ते व्हा अंदाजे सायंकाळचे 7 वाजले असतील. ते वढ्यात पोलीस गाडीत माझा भाऊ राहल ू संजय धो=s यास जखमी अवस्थे त आणला. मी इथे डॉक्टर नसल्याचे सांदिगतले . ते व्हा मी अजय कुसाळकर यास माझे काका दिसकं दर धो=s व इतरांसोबत मु ब ं ई नाक्याच्या दवाखान्यात रवाना केले . मी पोलीस गाडीत राहल ू सोबत बसलो व गाडी अपोलो हॉस्पीटल ये थे घे वन ू जाण्यास सांदिगतले . मी गाडीत बसल्यावर पादिहले असता माझा भाउ राहल ू याच्या पोटाच्या उजव्या बाजूतन ू कोथळा बाहेर आला होता व त्याच्या डोक्यात लागलेले दिदसत होते . तो बे*ुध्द होता. त्यानंतर मी राहल ू यास उठवण्याचा iz यत्न केला परं तू तो उठत नव्हता. अपोलो हॉस्पीटल

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ये थे सायंकाळी 07.30 वाजताच्या सुमारास माझा भाऊ राहल ू यास vWM दिमट केले . ते थे मला माझा आत्याचा मुलगा दिवजय कुसाळकर याने सांदिगतले की, सु दिमत हांडोरे यानेच राहल ू व अजय यांना चॉपरने मारले आहे .'

तरी आज किदनां 22/08/2025 रोजी सायं ाळी 06.00 वाजताच्या सु मारास माझा भाऊ सनी राजू धो=s वय 25 वर्षC याचे किनमसें च्या दोन मु लांसोबत नांदुर ना ा ये थे कि र ोळ वाद झाल्याच्या ारणावरून सायं ाळी 06.15 ते 07.00 वाजताच्या दरम्यान नांदुर गाव व पकिरसरात राहणारे उद्धव उ-& बाबा बाबूराव किनमसे यांनी मला किशवीगाळ व दमदाटी रून गकिद& जमावून किचथावणी किदल्याने गकिद&तील पवन किनमसे , सं तोश मते , सकिचन किदं डे, स्वकिFनल बागु ल, सु धीर किनमसे उ-& गोट्या, अक्षय अशो पगार, मे घराज जोजारे , गणे श राजाभाउ किनमसे , रोशन जगताप व इतर 10 ते 15 इसमांनी ला डी, लोखं डी दांडे व चा ू सारखे हत्यार घे वनू जीवे .ार मारण्याच्या उ‌द्देशाने माझा आत्याचा मु लगा अजय दत्तू ु साळ र, वय 27 वर्षो&ं व माझा भाउ राहल ू सं जय धो=s यांचा पा.लाग रत अजय ु साळ र यास त्याच्या घराच्या मागे , जनाद&न नगर, नांदुर ना ा, नाकिश ये थे सु किमत हांडोरे याने चॉपरने व इतरांनी दे खील ला डी व लोखं डी दांड्यांनी मारहाण रून त्याच्या डोक्यास, हातास व पायास गं भीर जखमी े ले व माझा भाउ राहल ू सं जय धो=s यास किदं डे मळा, नांदुर ना ा, नाकिश ये थे सु किमत हांडोरे याने चॉपरने मारहाण रून त्याच्या पोटाच्या उजव्या बाजूतन ू ोथळा बाहे र ाढला व इतरांनी त्याच्या डोक्यास मारहाण रून त्यास गं भीर जखमी े ले म्हणून माझी कि-या&द आहे ."

(Emphasis added)

The English translation of FIR is as under :

"An offence registered vide C.R. No. 266/2025 under Sections 109, 189(2), 189(4), 190, 191, 192, 351(2), 351(3), 352 of the B.N.S. r/w Section 135 of the Bombay Police Act. Investigating Officer - API Bonde.

I, Aakash Raju Dhotre, age - 29 years, education - 12th std., occupation - Private Service, caste - Waddar, residing at - Janardan Nagar, opposite Tulja Bhavani Temple, Nandur Naka, Sambhaji Nagar Highway,

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Nashik. Mob. No. 8459647678, E-mail Id - akashdhotre345@gmail.com, by personally remaining present lodge complaint as under:

I am residing at the above-mentioned address along with my father - Raju Linga Dhotre, mother - Parubai Raju Dhotre, wife - Ravina Akash Dhotre, brother - Sunny Raju Dhotre, his wife - Pooja Sunny Dhotre, younger brother - Rahul Raju Dhotre, his wife - Megha Rahul Dhotre and younger brother - Vishal Raju Dhotre, in a joint family.

On the date 22.08.2025, in the evening at about 05:59 p.m., when I had slept in the house, my brother by name Sunny Dhotre telephoned me and informed that, "now, some time ago, at Nandur Naka, I had a quarrel with two sons of Nimse, I am reaching at the Tulaja Bhavani Temple, you also come there". Thereafter, I got up and in the evening at 06:05 p.m., I went near the Tulaja Bhavani Temple. My brother Sunny Dhotre, Rahul Sanjay Dhotre, Ajay Kusalkar, son of my paternal aunt and friends by names Shubham Tidke and Altaf Shaikh came there from Nandur Naka. My uncle by name Sikandar Dhotre was already standing there. I asked my brother by name Sunny as to what had happened, he said, "I had a quarrel with Nimse's two sons". At that time itself, a Police Van from Aadgaon Police Station came there. The Police made enquiry with me and made by brother Sunny and Shubham Tidke to sit in the Police Van and took them to Police Station to lodge a complaint. Rest of us had waited there itself. At or around 06:15 p.m. in the evening, Uddhav alias Baba Baburao Nimse's motor vehicle arrived near the Tulaja Bhavani Temple located in Janardan Nagar. At that time, Uddhav Nimse said to me, "Did you beat Nimses up ? We are the boss of this place, boss; how can you come from outside and cause hooliganism in our village ?" Thereafter, he started hurling abuses at me. Pavan Nimse, Santosh Mate, Sachin Dinde, Swapnil Bagul, Sudhir Nimse alias Gotya also came to the said place after him. Thereafter, Uddhav Nimse said to all, "Kill all

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these Dhotres, how can they come from outside and beat us up ?, eliminate them, Don't spare them". At that time, my uncle and I was begging Uddhav Nimse, however he was not in a mood to listen anything and was hurling abuses. Thereafter, Pavan Nimse took out a small gun and held it in his hand. On seeing the same, my brother Rahul Sanjay Dhotre, my paternal aunt's son by name Ajay Kusalkar started running away to the lane where our house was located. Pavan Nimse, Santosh Mate, Sachin Dinde, Swapnil Bagul, Sudhir Nimse alias Gotya also chased them by holding wooden rods.

Thereafter, when Uddav Nimse was hurling abuses at me by standing there and there itself, 10 to 15 more boys from the village including Akshay Ashok Pagar, Meghraj Jojare, Ganesh Rajabhau Nimse, Roshan Jagtap and others, whose names I do not know,armed with wooden and iron rods appeared there. Sumit Handore came there by holding a weapon like a chopper. They also ran to the lane where our house was located. They also ran towards the lane of our house. Some people were standing also near the Sambhaji Nagar Highway. Thereafter, again a Police vehicle arrived at the said place and they dispersed the crowd. At that time, Uddhav Nimse also hurled abuses at the police. After some time thereafter, my maternal uncle Dattu Pralhad Kusalkar came, telling me that, "Ajay has been assaulted near the house and he is lying at that place" and therefore, my uncle, other people and I rushed towards the said place. After going to the said place, I saw that son of my father's sister by name Ajay Kusalkar was lying in a pool of blood. He had sustained injuries to his head, hand and leg. My uncle Sikandar, I and other people lifted Ajay and brought him near the temple and after making a request earnestly for a vehicle stationary at that place, put Ajay in the said vehicle to take him to the hospital and by the said vehicle, we took Ajay to Jagdamba Hospital at about 06.55 hrs. in the evening. However, as the main Doctor was not present in the hospital, someone from the hospital applied dressing to Ajay. Thereafter, as the staff from that place said that the patient was seriously injured and told me to take

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him to the hospital at Mumbainaka, I brought him downstairs. At that time, it was about 7.00 hrs. in the evening. Meanwhile, my brother Rahul Sanjay Dhotre was brought in an injured state by Police vehicle. I told them that there was no Doctor present at the said place. Thereafter, I sent Ajay Kusalkar along with my uncle Sikandar Dhotre and others to the hospital at Mumbainaka. I sat in the Police vehicle with Rahul and told to take the vehicle to Apollo Hospital. When I sat in the vehicle, I saw that the intestines of my brother Rahul had come out from the right side of his stomach and saw that he had sustained injuries to his head and he was unconscious. Thereafter, I tried to make Rahul get up, but he was not getting up. At about 07.30 hrs. in the evening, my brother Rahul was admitted to Apollo Hospital. At that place, the son of my father's sister by name Vijay Kusalkar told me that, "Sumit Handore only assaulted Rahul and Ajay with a chopper."

Thus, today, on the date 22/08/2025, at around 06.00 hrs. in the evening, at Nandur Naka, my brother Sunny Raju Dhotre, age 25 years, had a petty quarrel with two sons of Nimse and over the said reason, Uddhav alias Baba Baburao Nimse, residing at Nandur village and in surrounding area, between 06.15 hrs. to 07.00 hrs. in the evening, hurled abuses at me and threatened me and gathered assembly and instigated me due to which, the persons from the assembly by names Pawan Nimse, Santosh Mate, Sachin Dinde, Swapnil Bagul, Sudhir Nimse alias Gotya, Akshay Ashok Pagar, Meghraj Jojare, Ganesh Rajabhau Nimse, Roshan Jagtap and other 10 to 15 persons, armed with wooden, iron rods and knives, chased son of my father's sister by name Ajay Dattu Kusalkar, age 27 years and my brother Rahul Sanjay Dhotre with an intention to kill and Sumit Handore assaulted Ajay Kusalkar with a chopper at the backside of his house at Janardan Nagar, Nandur Naka, Nashik and others also assaulted him with wooden and iron rods and thereby caused him grievous injuries to his head, hand and leg. Similarly, Sumit Handore assaulted my brother Rahul Sanjay Dhotre with a chopper at

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Dinde Mala, Nandur Naka, Nashik and as a result, his intestines came out from the right side of his stomach and others assaulted to his head and caused grievous injuries to him and therefore, I have lodged my complaint."

Thus, as per the prosecution case, it is the Applicant who had

instigated other co-accused and told them that they should kill all

members of Dhotre family. In the incident in question, one Rahul

Raju Dhotre has been killed and another person Ajay, who is cousin

of Rahul Dhotre, has been seriously injured. There were 31 injuries

on the body of the deceased and about 8 very grave and serious

injuries on the body of the injured. The injured was in the hospital

for about 16 days. The FIR and other material collected shows that

the Applicant has played major role in the crime and but for the

support and instigation of the Applicant serious crime of the

murder would have been prevented. The material on record shows

that the Applicant had abused Police Personnel and prevented

them from doing their duty. The same also shows that although the

Applicant, an elected representative of people, however, instead of

preventing the crime in fact he has instigated the crime and due to

his instigation co-Accused assaulted the victims mercilessly and

one person has been killed and other person was seriously injured

and was in the hospital for about 16 days.

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7. The Supreme Court in the case of Nikita Jagannath Shetty

alias Nikita Vishwajeet Jadhav Vs. State of Maharashtra 1 has held

that the anticipatory bail is an exceptional remedy and ought not

to be granted in a routine manner. There must exist strong reasons

for extending indulgence of this extraordinary remedy to a person

accused of grave offences. The Supreme Court in the said decision

has referred to another decision of the Supreme Court in the case

of Srikant Upadhyay Vs. State of Bihar2. The relevant paragraph

i.e. paragraph No.18 of Nikita Jagannath Shetty (supra) reads as

under :

"18. This Court, in numerous judgments, has held that anticipatory bail is an exceptional remedy and ought not to be granted in a routine manner. There must exist strong reasons for extending indulgence of this extraordinary remedy to a person accused of grave offences. In this regard, we may gainfully refer to Srikant Upadhyay v. State of Bihar wherein this Court noted as follows:

"We have already held that the power to grant anticipatory bail is an extraordinary power. Though in many cases it was held that bail is said to be a rule, it cannot, by any stretch of imagination, be said that anticipatory bail is the rule. It cannot be the rule and the question of its grant should be left to the cautious and judicious discretion by the Court depending on the facts and circumstances of each case. While called upon to exercise the said power, the Court concerned has to

1 (2025) SCC OnLine SC 1489 2 (2024) SCC OnLine SC 282

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be very cautious as the grant of interim protection or protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation to a great extent as it may sometimes lead to tampering or distraction of the evidence. We shall not be understood to have held that the Court shall not pass an interim protection pending consideration of such application as the Section is destined to safeguard the freedom of an individual against unwarranted arrest and we say that such orders shall be passed in eminently fit cases."

(emphasis supplied)

Thus, what the Supreme Court reiterated is that the High Court

while exercising the jurisdiction to grant anticipatory bail

application has to be very cautious as the grant of interim

protection or protection to the accused in serious cases may lead to

miscarriage of justice and may hamper the investigation to a great

extent as it may sometimes lead to tampering or distraction of the

evidence.

8. The observation of the Supreme Court are squarely

applicable to the present case. The Applicant, who is a highly

politically influential person and belonging to the ruling Bharatiya

Janata Party, has not been arrested even when the offence is very

serious of murder and attempt to murder. The FIR has been

initially inter alia lodged under Section 109 of BNS, however, as

one injured-Rahul Raju Dhotre succumbed to his injuries on 29 th

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August 2025 the offence under Section 103(1) of BNS has been

added. The other person i.e. Ajay Kusalkar who has been seriously

injured and has been discharged yesterday i.e. on 9 th September

2025. Thus, he was in the hospital from 22 nd August 2025 till 9th

September 2025. Although the offence is very serious, from 22 nd

August 2025 till date, the Applicant has not been arrested. Is is the

submission of Mr. Pasbola, learned Senior Counsel that the the

learned Sessions Court has protected the Applicant for 4 days and

as this Application was adjourned on 8th September 2025 to 10th

September 2025, he has not been arrested.

9. However, it is required to be noted that the learned Sessions

Judge, Nashik has rejected the Anticipatory Bail Application on 29 th

August 2025 and for the first time this Anticipatory Bail

Application was placed before this Court on 8 th September 2025.

As set out earlier, learned APP has stated that the Applicant is

absconding and although efforts have been made to arrest him, he

is not available. The Applicant is a politically influential person

belonging to ruling Bharatiya Janata Party. There is possibility that

the investigation will be tampered with. The offence is very

serious, where one person has been killed and another person has

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been seriously injured. The F.I.R. shows that main role is of the

Applicant and in fact the Applicant has instigated co-Accused in

committing the serious crime of murder. In fact, the FIR shows that

the Applicant has abused Police Personnel present at the spot and

in effect prevented them for taking steps to preven the crime.

10. Mr. Pasbola, learned Senior Counsel submitted that in fact

the Applicant had informed the Police and he had taken the injured

to the Hospital. However, F.I.R. clearly shows that after the Police

have arrived on the spot, the Applicant, who is the Ex-Corporator

belonging to the Ruling Party came on the spot and had instigated

other co-Accused and in fact, told the other co-accused to kill the

members of Dhotre family. In fact, the FIR also shows that the

Applicant had abused Police Personnel and prevented them from

doing their duty. The FIR also shows that although the Applicant is

an elected representative of people, however, instead of preventing

the crime in fact he has instigated the crime and due to his

instigation co-Accused assaulted the victims mercilessly where one

person has been killed and other person was seriously injured and

was in the hospital for about 16 days.

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11. As held by the Supreme Court, Anticipatory Bail is an

exceptional remedy and ought not to be granted in a routine

manner. There must exist strong reasons for extending indulgence

of this extraordinary remedy to a person accused of grave offences.

The Supreme Court has also observed that grant of interim

protection or protection to the accused in serious cases may lead to

miscarriage of justice and may hamper the investigation to a great

extent as it may sometimes lead to tampering or distraction of the

evidence. These observations are squarely applicable to the present

case. Accordingly, the Applicant is not entitled for any protection.

12. The Anticipatory Bail Application is dismissed.

[MADHAV J. JAMDAR, J.]

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