Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 10347 (BOM)

ROHIT KASHINATH BHOIR v. STATE OF MAHARASHTRA

ABA/2510/2026 · 2026-09-23

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

902-ABA-2510-2026.doc vaishnavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2510 OF 2026 Rohit Kashinath Bhoir ...Applicant V/s. State of Maharashtra ...Respondent Mr. Meghashyam Kocharekar, for the Applicant. Mr. Bapu V. Holambe Patil, APP for the Respondent – State. Mr. Umesh Rathe, PSI, Padgha Police Station, Thane (Rural) is present. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 23 rd SEPTEMBER , 2026. P.C. :- 1. Heard learned counsel for applicant as well as learned APP for respondent state. 2. The applicant is apprehending arrest in connection with Crime No. 176 of 2026 dated 05.03.2026 registered with Padgha Police Station, Thane (Rural), for the offence punishable under section 310(2), 333, 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The FIR is registered on the basis of the report lodged by the complainant alleging that on 04.03.2026, there was a quarrel 1/4 902-ABA-2510-2026.doc among members of the families of the complainant and the accused persons. It is alleged that the quarrel started on account of breaking of glass bottle and it escalated to scuffle by fists and blows. It is alleged that at that time, the golden ornaments of complainant’s parents were taken away by somebody. On the basis of these allegations, the present FIR came to be registered against 8 persons. 4. Learned counsel for the applicant states that the applicant is not named in the FIR but is apprehending arrest only because the CCTV footage shows his presence on the spot. He submits that the offence is registered in the background of a quarrel between two families who are neighbors and relatives of each other. The FIR shows that the incident has occurred when a glass of bottle was broken, on account of which there was a scuffle in between members of the two families and it is alleged in the report that somebody had snatched the golden ornaments of the complainants mother and father. He therefore submits that since the applicant is not named in FIR and there are no allegations against the applicant, his involvement in the offence is without any basis. 5. He also submits that this applicant has attended the Police Station in accordance with the interim protection order dated 7th September 2026 granted by this court and therefore prays for 2/4 902-ABA-2510-2026.doc confirmation of the interim order. 6. He points out that some of the accused persons have been granted anticipatory bail and some of them have been granted interim protection. He invites attention to the order dated 28.08.2026 passed by this Court in ABA No. 2336 of 2026 granting interim protection in favour of accused no. 5. 7. The learned APP for the respondent has opposed the application and submitted that the presence of this applicant is seen in the CCTV footage and since there are allegations that somebody has snatched the golden ornaments, investigation in the matter is necessary. 8. Perused the FIR and the documents placed on record. It has to be noted that this applicant is not named in FIR. It seems that on the basis of CCTV footage, it is alleged that this is applicant was present on this spot. In view of the fact that the allegations are leveled against the accused persons in the background of a dispute between two families, with no role being attributed to this applicant, the custodial interrogation of this applicant is not warranted. His presence can be secured by directing him to attend the Police Station as and when required. 9. Hence, in view of all the above mentioned aspects, the 3/4 902-ABA-2510-2026.doc personal liberty of this applicant needs to be protected subject to certain conditions. 10. Hence I pass the following order : : ORDER : (i) Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicant in connection with Crime No. 177/2026 u/s.310(2), 333, 351(2), 351(3), 352 of Bhartiya Nyaya Sanhita, 2023 registered with Padgha Police Station, the Applicant may be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rupees Twenty Thousand only) with one solvent surety of the like amount. (iii) The applicant is directed to attend the Police Station as and when called upon by the Investigating Agency. (iv) The applicant shall not tamper with the prosecution witnesses. The applicant shall extend cooperation with the investigation. 11. The Application is accordingly allowed and disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) 4/4