1/7 919-ABA-568-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.568 OF 2026 1. Tushar @ Balaji Tanaji Nagtilak 2. Vishal Tanaji Nagtilak ….Applicants Versus. The State of Maharashtra and Ors. ....Respondents ----- Mr. Mahadeo Choudhari, for Applicants. Mr. S. H. Yadav, A.P.P., for Respondent Nos. 1 and 3 – State. Mr. Piyush Toshnival (Through VC), for Respondent No.2 (Complainant). ------- CORAM : ASHWIN D. BHOBE, J. DATE : 30th SEPTEMBER, 2026. P.C. 1. Heard, Mr. Mahadeo Choudhari, learned Advocate for the Applicants, Mr. S. H. Yadav, learned A.P.P. for Respondent Nos. 1 and 3 – State, and Mr. Piyush Toshniwal, learned Advocate for Respondent No. 2. 2. By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicants seek pre-arrest bail, apprehending arrest in connection with Crime No. 525 of 2026 registered with Pandharpur Police Station, District Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.10.01 20:13:32 +0530 2/7 919-ABA-568-2026 (CR).DOC Solapur, for offences punishable under Sections 115(2), 118(1), 189(2), 190, 191(2), 191(3), 324(4), 351(1), 351(2), 352, 118(2), 61(2)(a), 308(2) and 308(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 3. Mr. Mahadeo Choudhari, learned Advocate for the Applicants, states that there are seven (7) Accused in Crime No. 525 of 2026. He states that Applicant No. 1 is Accused No. 1 and Applicant No. 2 is Accused No. 2 in the present crime. 4. In brief, the prosecution case is that on 13.07.2026, at about 10:00 p.m., while Respondent No. 2 was travelling in a car with Pratap Manik Mane and Arvind Adkale towards Nandore, another car intercepted their vehicle near Bitargaon Pati at Suste. Following a dispute over the sand excavation contract, Applicant No. 1 assaulted Respondent No. 2 on the head with a “sattur”. When Respondent No. 2 tried to block the blow with his hand, the weapon struck his right hand near the little finger, resulting in fractures to two fingers of his right hand. Applicant No. 2 assaulted Respondent No. 2 on his hands and back with a stick. Accused No. 4 (Atul Popat Chavan) also assaulted Respondent No. 2 in connection with the said dispute. That all the accused persons broke the glass of the car in which Respondent No. 2 was travelling, thereby damaging the vehicle. Shantanu S. Dhudum 3/7 919-ABA-568-2026 (CR).DOC 5. Mr. Mahadeo Choudhari, learned Advocate for the Applicants, submits that Applicant No. 1 is himself a victim of a brutal assault at the hands of Respondent No. 2, which resulted in severe grievous injuries, as evidenced by the medical certificate of Applicant No. 1 (at Exhibit-F “Colly.”, from page Nos. 71 to 105 of the paper-book). He submits that the assault on Applicant No. 1 by Respondent No. 2 and his accomplices was on the hand, leg, ribs and wrist of Applicant No. 1, resulting in fractures and actual separation of many of his bones. He submits that the Applicant has filed a complaint against Respondent No. 2 and his accomplices, which is registered as F.I.R. bearing No. 524 of 2026. He submits that as a counterblast, Respondent No. 2 has registered Crime No. 525 of 2026 against Applicant No. 1 and Applicant No. 2. He submits that Applicant No. 1 is the victim of the sand mafia, of which Respondent No. 2 and the assailants are part. He submits that Applicant No. 2, i.e. the brother and other family members of the Applicants, have been dragged into Crime No. 525 of 2026 with the sole motive of pressurising the Applicants and covering up the assault by Respondent No. 2 and the other assailants, which took place on 13th July, 2026. He states that Applicant No. 1, after the assault, was admitted to the hospital and has now been discharged. 6. Mr. S. H. Yadav, learned A.P.P. for Respondent Nos. 1 and 3 – State, submits that the offence in Crime No. 525 of 2026 is a serious offence. Referring to the narration in the F.I.R., he submits that the incident appears to have arisen out of a dispute over sand extraction. Shantanu S. Dhudum 4/7 919-ABA-568-2026 (CR).DOC 7. Mr. Piyush Toshniwal, learned Advocate for Respondent No. 2, submits that Applicant No. 1 assaulted Respondent No. 2 on the head and on the little finger, resulting in grievous injury to the little finger of Respondent No. 2. He further submits that Applicant No. 2 assaulted Respondent No. 2 on the back with a stick. He further submits that the Applicants have systematically planned an assault on Respondent No. 2. 8. Perused the record with the assistance of the learned Advocates for the parties. 9. The Crime No. 525 of 2026 refers to a dispute between the parties regarding a tender for sand extraction. 10. Applicant No. 1 lodged an F.I.R. on 16th July, 2026, at 17:15 hours against Respondent No. 2 and others, alleging that on 13th July, 2026, Respondent No. 2 and the other Accused named in his F.I.R. assaulted Applicant No. 1, which is registered as Crime No. 524 of 2026. Applicant No. 1 has suffered grievous injuries, including fractures to his hand, ribs, wrist, legs and fingers, as submitted by Mr. Mahadeo Choudhari, learned Advocate for the Applicants, by relying on the documents at Exhibit-F “Colly.” The Respondents do not contest the said document at Exhibit-F “Colly.” and the injuries to Applicant No. 1. Shantanu S. Dhudum 5/7 919-ABA-568-2026 (CR).DOC 11. Applicant No. 2 is alleged to have assaulted Respondent No. 2 with a stick on his back. The injury certificate of Respondent No. 2 does not indicate any injuries on the back of Respondent No. 2. 12. Though the injury certificate of Respondent No. 2 indicates an injury to the frontal area caused by a hard and blunt object and an injury to the right little finger, when compared with the alleged assault by the Applicants on 13th July, 2026, the injuries to Applicant No. 1 are prima facie, grievous and indicate that Applicant No. 1 was the victim of the assault on 13th July, 2026. The seriousness of the injuries to Applicant No. 1 is reflected in the certificates at “Exhibit-F Colly.” 13. Be that as it may, prima facie, the material placed in the file of this Application indicates that Applicant No. 1 was assaulted on 13th July, 2026. 14. Considering the overall circumstances and the dispute relating to a tender for sand, as mentioned in the narration of F.I.R. No. 525 of 2026, the custodial interrogation of the Applicants in the said crime is not necessary. 15. In view of the above, this Application is allowed on the following conditions: ORDER Shantanu S. Dhudum 6/7 919-ABA-568-2026 (CR).DOC A) In the event of arrest of the Applicants – (1) Tushar @ Balaji Tanaji Nagtilak and (2) Vishal Tanaji Nagtilak, in connection with Crime No. 525 of 2026 registered with Pandharpur Police Station, District Solapur, the Applicants shall be released on bail on furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each, with one or two solvent sureties in the like amount, to the satisfaction of the Investigating Officer, Pandharpur Police Station, District Solapur. B) Applicant No. 1 shall appear and report to the Investigating Officer on 5th October, 2026, from 10:00 a.m. to 12:00 p.m., and thereafter as and when required by the Investigating Officer. C) Applicant No. 2 shall report to the Investigating Officer, Pandharpur Police Station, District Solapur, on 5th , 6th , 7th , 8th and 9th October, 2026, from 10:00 a.m. to 12:00 p.m., and thereafter as and when required by the Investigating Officer investigating Crime No. 525 of 2026. D) The Applicants shall co-operate with the investigation in Crime No. 525 of 2026. Shantanu S. Dhudum 7/7 919-ABA-568-2026 (CR).DOC E) The Applicants shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. F) The Applicants shall not tamper with the prosecution evidence and shall not influence the witnesses in any manner. G) The Applicants shall provide the Investigating Officer with their residential addresses along with proof thereof and their contact numbers and shall inform the Investigating Officer of any changes to this information from time to time. 16. Anticipatory Bail Application No.568 of 2026 is disposed. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum