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2026 DAILYLAW 10485 (BOM)

ABHIMAN TULSHIRAM GAT AND ANR. v. THE STATE OF MAHARASHTRA AND ANR.

ABA/536/2026 · 2026-09-22

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Judgment text

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1/5 4- ABA-536-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 536 OF 2026 1. Abhiman Tulshiram Gat 2. Pandurang Tanaji Gat (Deleted) …...Applicants VERSUS. The State of Maharashtra and Anr. …...Respondents ----- Mr. Jaydeep D. Mane a/w Mr. Mihir Mondkar, for Applicants. Dr. Ashvini A. Takalkar, APP, for Respondent Nos.1 and 2 – State. PSI, Mr. D. S. Bhalerao, Barshi City Police Station, present. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 22nd SEPTEMBER, 2026. P.C.:- 1. At the outset, Mr. Jaydeep D. Mane, learned Advocate for the Applicants, on instructions from Applicant No. 2 (Pandurang Tanaji Gat), seeks leave to withdraw this Anticipatory Bail Application unconditionally. This request is not opposed by Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and 2 – State. In view of the statement made by Mr. Jaydeep D. Mane, learned Advocate for the Applicants, leave is granted to withdraw this Application on behalf of Applicant No.2 (Pandurang Tanaji Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.23 10:33:18 +0530 2/5 4- ABA-536-2026 (CR).DOC Gat). This Anticipatory Bail Application stands dismissed as against Applicant No.2 (Pandurang Tanaji Gat). 2. Mr. Jaydeep D. Mane, learned Advocate for the Applicants, requests permission to amend the cause title, forthwith, to delete Applicant No. 2 (Pandurang Tanaji Gat). Permission is granted. The amendment be carried out forthwith. Upon the amendment, Abhiman Tulshiram Gat is the sole Applicant in this Application. 3. Heard Mr. Jaydeep D. Mane, learned Advocate for the Applicant and Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and 2 – State. 4. By this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant seeks pre-arrest bail, apprehending arrest in Crime No. 160 of 2026 registered with the Barshi Taluka Police Station, for offences punishable under Sections 109, 118(1), 118(2), 191(2), 191(3), 190, 352 and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 5. Mr. Jaydeep D. Mane, learned Advocate for the Applicant, submits that there are five (5) accused in Crime No.160 of 2026, the Applicant being Accused No.4. 6. Mr. Jaydeep D. Mane, learned Advocate for the Applicant, submits that the prosecution case is that the accused in Crime No. 160 of Shantanu S. Dhudum 3/5 4- ABA-536-2026 (CR).DOC 2026 formed an unlawful assembly with a common object and used force against the Informant. Upon formation of the common object, the Informant (Gokul Pund), his mother-Mandodari Pund and his wife-Vaishali Pund sustained injuries in the assault. 7. Mr. Jaydeep D. Mane, learned Advocate for the Applicant, submits that the allegation against the Applicant is that he used a stick to assault the Informant and his mother-Mandodari Pund. He further submits that the injury certificates on record do not indicate any injury resulting from the alleged assault on the Informant and Mandodari Pund. 8. Mr. Jaydeep D. Mane, learned Advocate for the Applicant, states that the Applicant shall appear before the Investigating Officer as and when required and cooperate with the investigation in Crime No. 160 of 2026. 9. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos. 1 and 2 – State, submits that the Applicant’s presence during the assault on the Informant, Mandodari Pund and Vaishali Pund is evident. She, on the basis of instructions from the Investigating Officer, submits that the injuries sustained by Mandodari Pund and Vaishali Pund are simple in nature. 10. Perused the record. 11. A perusal of the F.I.R. indicates that the Applicant is alleged to have assaulted Mandodari Pund and the Informant with a stick. According Shantanu S. Dhudum 4/5 4- ABA-536-2026 (CR).DOC to the F.I.R., the Applicant assaulted the Informant and Mandodari Pund on their backs. The injury certificates at pages 103 and 104 of the paper-book do not indicate that the Informant and Mandodari Pund sustained any back injuries. 12. Considering the aforesaid circumstances and more particularly the Applicant being aged 78 years, custodial interrogation of the Applicant is not necessary in Crime No. 160 of 2026. 13. In view of the above, this Application is allowed on the following conditions: ORDER A) In the event of the arrest of the Applicant – Abhiman Tulshiram Gat – in Crime No.160 of 2026 registered with Barshi Taluka Police Station, the Applicant shall be released on bail upon furnishing a P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand Only) with one or two sureties in the like amount, to the satisfaction of the Investigating Officer, Barshi Taluka Police Station. B) The Applicant shall appear and report before the Investigating Officer at Barshi Taluka Police Station on 28th , 29th and 30th September 2026 from 10:00 a.m. to 1:00 p.m. and thereafter as and when required by the Investigating Shantanu S. Dhudum 5/5 4- ABA-536-2026 (CR).DOC Officer, Barshi Taluka Police Station. The Applicant shall cooperate with the investigation of Crime No.160 of 2026. C) The Applicant shall provide the Investigating Officer with his residential address, along with proof thereof, his contact number and shall inform the Investigating Officer of any change in the said information from time to time. D) 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 such person from disclosing the facts to the Court or to any police officer. E) The Applicant shall not tamper with the evidence, in any manner. 14. Anticipatory Bail Application No.536 of 2026 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum