19-ABA-1923-2026.odt Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1923 OF 2026 Sanjay Shivchandra Vishakarma ...Applicant V/s. The State Of Maharashtra And Anr. ...Respondents _____________________________________________________________ Adv. A. K. Upadhyay a/w Rohan Kharat, for the Applicant. Adv. Prasanna Malshe, APP for the Respondent – State. Adv. Yashwardhan Tiwari a/w Deepa Panicker, Aakash Jaiswal, for the Respondent No.2 PSI – Mr. Dilip Sonawane, Kandivali Police Station is present. ________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 31ST AUGUST, 2026. P.C. :- 1. Heard learned Advocate A. K. Upadhyay, for the applicant as well as Advocate Prasanna Malshe, learned APP, for the respondent-state. 2. The applicant has filed the instant application seeking pre- arrest bail in Crime No. 674 of 2026 dated 28.05.2026 registered with Kandivadi police station for the offence punishable under Sections 115(2), 117(2) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023. 1/4 19-ABA-1923-2026.odt 3. The First Information Report is registered on the basis of a report lodged by the complainant alleging that on 28.05.2026 there was a quarrel with this applicant who is his real brother, on account of use of common bathroom and at that time this applicant had caused some injuries to his left hand finger. On the basis of these allegations, the FIR is registered against this applicant. 4. Learned counsel for the applicant submits that the offence is registered on the basis of a report lodged by his real brother and the allegations about assault on left hand finger are introduced to add seriousness to the quarrel. He submitted that there are no allegations in FIR about use of any weapon, but the allegations about use of metal pipe are introduced later on by way of supplementary statement. He submits that there are no criminal antecedents against this applicant and in view of the interim protection granted by this Court order dated 22nd July, 2026, he has attended the police station and extended cooperation. 5. As against this learned APP for the respondent opposed the application and submitted that there are specific allegations about attack by fists blows which has caused injury to the left hand of the complainant. He, however, does not dispute the contention that the 2/4 19-ABA-1923-2026.odt applicant has attended the police station in accordance with the interim protection order. 6. Perused the FIR and the documents placed on record. It has to be noted that the FIR is registered on the basis of a report lodged by the complainant’s real brother with respect to the alleged incidents of quarrel amongst the family members. There are no allegations in the FIR about use of any weapon by this applicant. The FIR thus appears to be registered in the heat of passion by one real brother against other. 7. It has to be noted that there are no criminal antecedents against this applicant and in accordance with the interim protection granted by this Court he has attended the police station. There is nothing to be recovered from this applicant. As such, there does not appear any need for custody of this applicant and hence the interim protection granted by this Court needs to be confirmed. 8. Hence, I pass following order : : ORDER : (i) The anticipatory bail application is allowed. (ii) In the event of arrest of the applicant in 3/4 19-ABA-1923-2026.odt Crime No. 674 of 2026 dated 28.05.2026 registered with Kandivadi police station for the offence punishable under Sections 115(2), 117(2) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023, he be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount. (iii) The applicant shall extend cooperation during investigation and trial. (iv) The applicant shall attend the investigating agency as and when called upon. 16. In view of this, the anticipatory bail application is allowed in above terms. (PRAFULLA S. KHUBALKAR, J.) 4/4