The Aurangabad bench of the Bombay High Court on Tuesday granted anticipatory bail to a person accused of theft and criminal intimidation. The court emphasized that a criminal history should not be applied as a strict formula in every case. Recognizing the matter as a private ownership dispute, the court considered it a civil issue with inherent civil outcomes.
Justice Advait M. Sethna’s bench was hearing the bail plea of Nilesh Haral, against whom a FIR was registered at Dhule Police Station, Maharashtra, for charges including theft and forced intrusion.
On March 30, 2025, a FIR was lodged in which a shopkeeper alleged that individuals, including Nilesh Haral, broke into his shop, seized goods, and took control. Haral claimed ownership of the shop and contested previous cases against him, asserting he wouldn’t vacate the premises for the complainant.
It is notable that two civil litigations related to the property are already pending between Haral and the complainant. The High Court noted that Haral maintains possession in civil proceedings, and the complainant’s spouse hadn’t secured a court stay. The prosecution acknowledged these facts, citing Haral's criminal past.
Justice Sethna remarked, "The court should not uniformly apply criminal backgrounds in every case. It depends if a prima facie case exists and the circumstances of each situation. While shop possession is disputed and civil cases are pending, the elements of the FIR charges are currently unclear."
The court also noted that Haral is involved in two other cases, one of which he has been acquitted, and in the other, he already has anticipatory bail. Considering these facts and circumstances, the court granted anticipatory bail to Nilesh Haral, emphasizing a need to view the matter comprehensively.
