- 1 - aba1191.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 919 ANTICIPATORY BAIL APPLICATION NO. 1191 OF 2026 1. Abhijeet Suresh Bansode 2. Akash Sanjay Shelar 3. Rohit Harishchandra Dhotre ….Applicants VERSUS The State of Maharashtra & another …..Respondents ….. Mr. R. R. Karpe, Advocate for the Applicants. Ms. P. J. Bharad, APP for the State. CORAM : R. M. JOSHI, J. DATE : 29th SEPTEMBER, 2026. PER COURT : 1. Applicants seek pre-arrest bail in connection with Crime No. 0129/2026 registered with Mirajgaon Police Station, District Ahilyanagar, for the offences punishable under Sections 118(1), 118(2), 115(2), 352, 351(2), 189(2), 190, 191(2), 191(3) of Bharatiya Nyaya Sanhita. 2. First Information Report indicates that the incident had occurred on 11.04.2026 at about 11.30 pm in which present Applicants and five other persons caused assault on the informant. - 2 - aba1191.26.odt There is allegation against Applicant Abhijeet of using sickle and Rohit of using iron rod to cause said assault. Insofar as Applicant Akash is concerned, though it is claimed that he caused injury, there is no reference of using any weapon by him. 3. Learned Counsel for the Applicants submits that during the pendency of the application for pre-arrest bail before the Sessions Court, liberty of the Applicants was protected and pursuant to the order passed by the Sessions Court, they appeared before the Investigating Officer and cooperated in the investigation. He submits that the alleged weapons used in the assault are already seized and as such custodial interrogation of the Applicants is not necessary. 4. Learned APP opposed grant of protection to the Applicants by referring to the allegations against them in the First Information Report so also injury certificate which according to her, shows causing of two grievous injuries and four simple injuries. It is her contention, having regard to the nature of offence, that this is not a case to protect the liberty of the Applicants. - 3 - aba1191.26.odt 5. For the purpose of grant or refusal of pre-arrest bail, the Court is required to see as to whether custodial interrogation of the Applicants is necessary. Though there is allegation against Applicant Akash of causing assault on the informant, statement of the informant himself and eye witnesses do not indicate he carrying any weapon or as to weapon by which he caused assault. Having regard to the said fact, grievous injuries cannot be attributed to him. Prosecution is seeking to make out case against Applicant Akash for the said injury. In this backdrop, when there is already recovery of weapon, this Court finds substance in the contention of learned Counsel for the Applicants that this is not a case of further custodial interrogation of the Applicants. Hence, application stands allowed in following terms :- ORDER (i) In the event of arrest of applicants Abhijeet Suresh Bansode, Akash Sanjay Shelar and Rohit Harishchandra Dhotre, in connection with Crime No. 0129/2026 registered with Mirajgaon Police Station, District Ahilyanagar, for the offences punishable under Sections 118(1), 118(2), 115(2), 352, 351(2), 189(2), 190, 191(2), 191(3) of Bharatiya Nyaya Sanhita, they be released on bail on furnishing PR Bond of - 4 - aba1191.26.odt Rs. 15,000/- (Rs. Fifteen Thousand only) each with one surety in the like amount. (ii) They shall attend the concerned police station as and when called. (iii) They shall not contact the witnesses directly or indirectly. (iv) They shall not interfere with the evidence in any manner whatsoever. (v) They are further directed to cooperate the investigating agency for further investigation. (vi) Learned APP to communicate this order to the concerned Investigating Officer. ( R. M. JOSHI, J.) dyb