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2026 DAILYLAW 10384 (BOM)

DIPAK @ RAHUL RAMESH AHIRE v. STATE OF MAHARASHTRA

ABA/2549/2026 · 2026-09-22

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Judgment text

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916-ABA-2549-226.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2549 OF 2026 Dipak @ Rahul Ramesh Ahire …Applicant Versus The State of Maharashtra …Respondent Mr. Bhushan U. Deshmukh a/w. Mr. Shashank S. Patare, for the Applicant. Mr. S. V. Walve, APP, for the Respondent-State. CORAM: MADHAV J. JAMDAR, J. DATED : 22nd SEPTEMBER 2026 PC:- 1. Heard Mr. Deshmukh, learned Counsel appearing for the Applicant and Mr. Walve, learned APP appearing for the Respondent-State. 2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail in connection with C.R. No.495 of 2026 registered with Manmad Police Station, Nashik Rural, Nashik, for the offences punishable under Sections 109, 118(2), 118(1), 115(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). Page 1 Sonali 916-ABA-2549-226.DOC 3. It is the submission of learned Counsel appearing for the Applicant that the present case arises out of a cross-FIR. The Applicant was allegedly assaulted and sustained grievous injuries, and therefore, he also lodged a cross-FIR bearing C.R. No.196 of 2026 with Manmad Police Station, Nashik Rural, Nashik. It is further submitted that, out of the four accused, all the co-accused, except the Applicant, have been arrested and released on regular bail, as the investigation has been completed. It is submitted that there are no other antecedents against the Applicant and therefore, the Applicant is entitled to pre-arrest bail. 4. On the other hand, learned APP strongly opposes the Anticipatory Bail Application. He submits that the Applicant used a sickle and inflicted injuries on the Complainant and therefore, the Anticipatory Bail Application be rejected. 5. The prosecution case is set out in paragraph No.2 of the order dated 4th August 2026, passed by the learned Additional Sessions Judge, Malegaon, District- Nashik, passed in Criminal Anticipatory Bail Application No.817 of 2026, which reads as under: Page 2 Sonali 916-ABA-2549-226.DOC “2-The prosecution story is that, on 29.06.2026 at about 8:30 p.m., when the informant namely Papa @ Vinod Madhukar Karosia was parking his motor-cycle inside the gate of his house, the applicants and co-accused came there possing weapons and on account of previous enmity, abused and threatened to kill the informant. Thereafter, with intention to kill the informant, the co-accused Sunny assaulted by means of sickle on the head of the informant, the applicant assaulted on the person of informant by means of sickle, the co-accused Pawan and Lakhan assaulted on the legs of the informant by means of iron rod.” 6. Persual of the record shows that there are total four accused. The Applicant is accused No.2. The accused Nos.1, 3 and 4 have already been arrested and released on bail. The Applicant also sustained grievous injuries in the incident in question. The present case arises out of a cross-FIR. There are no other antecedents against the Applicant. 7. Accordingly, the case is made out for grant of Anticipatory Bail by imposing certain conditions. In view thereof, the following order is passed: O R D E R (a) In the event of arrest of the Applicant-Dipak @ Rahul Ramesh Ahire in connection with C.R. No.495 of 2026 Page 3 Sonali 916-ABA-2549-226.DOC registered with the Manmad Police Station, Nashik Rural, Nashik, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.30,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station on 29th September 2026 and 30th September 2026 between 11:00 a.m. to 02:00 p.m. and shall cooperate with the investigation. (c) The Applicant shall attend the concerned Police Station once once in a fifteen days on every first and third Sunday between 11:00 a.m. to 02:00 p.m. till filing of the chargesheet. (d) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (e) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade Page 4 Sonali 916-ABA-2549-226.DOC such a person from disclosing the facts to the Court or to any Police personnel. (f) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. (g) The Applicant shall not leave India without prior permission of the Court. 8. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 5 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.23 18:12:17 +0530