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2026 DAILYLAW 1287 (BOM)

ACHIT ALIAS ACHYUTRAO BHAGWANRAO RATHOD v. THE STATE OF MAHARASHTRA AND ANOTHER

ABA/430/2026 · 2026-06-17

Shri R M Joshi

body2026

Judgment text

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929-ABA-430-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 430 OF 2026 Achit Alias Achyutrao Bhagwanrao Rathod VERSUS The State Of Maharashtra And Another ... Mr. N. B. Narwade, Advocate for Applicant Mr. S. G. Joshi, APP for Respondents ... CORAM : R.M. JOSHI, J DATE : JUNE 17, 2026 PC : 1. Applicant apprehends arrest in connection with C.R. No. 0058/2026 registered with Police Station Ambad, Dist. Jalna for the offences punishable under Sections 115-2, 118-1, 118-2, 189-2, 190, 191-2, 191-3, 352 of the Bharatiya Nyaya Sanhita, 2023. 2. First information report lodged by Vijaykumar indicates that an incident has occurred on 29.01.2026 at about 17.30 hours in which he was abused and assaulted by present Applicant and co-accused over the issue with regard to dispute of land. The allegation is that present Applicant used sickle to cause serious injury to the Applicant whereas co-accused assaulted him with iron rod. 3. Learned Counsel for the Applicant submits that in fact in respect of said incident, wife of Applicant has lodged report to concerned 2026:BHC-AUG:23691 929-ABA-430-2026.odt police station indicating that the Informant herein and other accused persons assaulted Applicant and others. It is his submission that present report is by way of counterblast. He further states that Applicant has no criminal history behind him. According to him, in any case, since the weapon allegedly used in crime has already been seized as the Applicant has cooperated in investigation, application be allowed. 4. Learned APP opposed the application by citing injuries to Informant, which are attributable to the present Applicant. It is his submission that considering the allegations in FIR and injury certificate, the involvement of Applicant in serious crime of attempting to commit murder is made out. He, therefore, seeks rejection of Application. 5. Perusal of the record shows that wife of Applicant had lodged report in respect of incident occurred on 29.01.2026, which is first in time. Moreover, there is document on record to show that Applicant had sustained injuries in said incident. Apart from the fact that there are disputes between parties and possibility of false implication exists, admittedly the alleged weapon used by Applicant in this crime has been seized by the investigating agency. Moreover, Applicant has cooperated in investigation as per directions issued by this Court vide order dated 17.03.2026. Considering the stage of investigation, this Court finds no reason to accept that any custodial interrogation of the Applicant would be necessary. 929-ABA-430-2026.odt 6. As a result of above discussion, Application deserves to be allowed and the same is accordingly allowed in terms of interim order dated 17.03.2026 except clause no. ‘A’. (R. M. JOSHI, J.) Malani