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2026 DAILYLAW 15598 (BOM)

RUTIK RAJARAM JADHAV v. THE STATE OF MAHARASHTRA

ABA/1719/2026 · 2026-10-05

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Judgment text

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15-ABA-1719-2026.doc vaishnavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1719 OF 2026 Rutik Rajaram Jadhav ...Applicant V/s. State of Maharashtra ...Respondent Mr. Piyush Chhabria a/w Ms. Rutika Ingle, for the Applicant. Ms. Geeta Mulekar, APP for the Respondent – State. Ms. Sarla Kale, API, Kalyan Taluka Police Station, Dist. Thane, is present. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 05 th OCTOBER , 2026. P.C. :- 1. Heard learned counsel for applicant as well as learned APP for respondent-state. 2. The applicant has filed the instant application seeking per- arrest bail in connection with FIR No. 392 of 2026 registered with Kalyan Taluka Police Station for offence punishable under Sections 109, 118(1), 115(2), 352, 351(2), 3(5) of Bharatiya Nyay Sanhita (BNS), 2023. 3. The FIR is registered on the basis of a report lodged by the 1/4 15-ABA-1719-2026.doc complainant, alleging that on 13.05.2026 there was a quarrel at the time of Haldi ceremony amongst the informant’s brother and the accused persons and at that time there was a scuffle when the accused Rahul Jadhav has attacked the complainant with a chopper. It is alleged in the report that this applicant was also present and he has attacked the complainant with fist blows. On the basis of these allegations, the FIR came to be registered against two accused persons, including this applicant, who is arraigned as accused no. 2. 4. The learned counsel for applicant submits that the allegations against this applicant are attack by fist blows and the main allegations about attack by chopper is against the other accused, namely Rahul Jadhav. He submits that the investigation in the matter is completed and charge sheet is filed against the other accused person and weapons of offence is already recovered. He therefore submits that, considering the nature of allegations and the role attributed to this applicant, he is ready to join the investigation to be conducted against him. 5. The application is opposed by learned APP by pointing out that there are allegations of attack by the accused no. 1- Rahul Jadhav and this applicant, who is brother of Rahul Jadhav had accompanied him at the time of incident. She submits that there are allegations of 2/4 15-ABA-1719-2026.doc his presence and attack by fist blows and considering the criminal antecedents, which are four FIRs registered against him, the application be rejected. 6. Perused the FIR and the documents placed on record. It has to be noted that the main allegations of attack are against accused no. 1-Rahul Jadhav and the only allegations against this applicant is of attack by fist blows. It has to be noted that investigation in the matter is completed against other accused person and the weapon of offence is also recovered during investigation. Further, considering the fact that charge sheet is already filed, the custodial interrogation of this applicant need not insisted upon. His presence can be secured by directing him to join the investigation and attend the trial. 7. In view of the above, following order is passed. : ORDER : (i) Anticipatory Bail Application is allowed. (ii) In the event of arrest of this applicant in connection with FIR No. 392 of 2026 registered with Kalyan Taluka Police Station for offence punishable under Sections 109, 118(1), 115(2), 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, the applicant may be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rupees Twenty Thousand only) with one solvent surety of the like 3/4 15-ABA-1719-2026.doc amount. (iii) The applicant is directed to attend the Police Station on every Monday in between 10:00 a.m. to 02:00 p.m. for a period of four weeks and thereafter as and when called upon by the Investigating Agency. (iv) The applicant shall cooperate with the Investigating Agency during investigation and trial. The applicant shall not contact the complainant or any other witnesses in any manner. 8. The Application is accordingly allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 4/4