925-ABA-1223-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1223 OF 2026 Sumit Sunil Bhalerao VERSUS The State Of Maharashtra WITH ANTICIPATORY BAIL APPLICATION NO. 1229 OF 2026 Sagar Anil Tayade VERSUS The State Of Maharashtra … Mr. V. B. Patil, Advocate for Applicant Mrs. P. J. Bharad, APP for the Respondent – State ... CORAM : R.M. JOSHI, J DATE : AUGUST 19, 2026 P. C. : 1. Applicants apprehend arrest in connection with C.R. No. 91/2026 registered with Police Station Yawal, District Jalgaon for the offences punishable under Sections 109(1), 189(1), 190, 191(2), 191(3), 118(1), 115(2), 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 37(1)(c) of the Maharashtra Police Act. 2. First information report indicates that an incident had occurred on 28.03.2026 at about 08.00 pm in which present Applicants and co- accused came to the spot of incident with weapons in their hands and caused assault to the Informant and witnesses. There is allegation against 2026:BHC-AUG:37204 925-ABA-1223-2026.odt present Applicants that Applicant – Sumit caused assault with iron rod on the Informant and Applicant – Sagar assaulted witness Tushar. 3. Learned Counsel for the Applicants submits that as appear from the first information report itself, there are disputes between the parties owing to the complaints made on the Applicants’ side against Informant’s son. It is his submission that there is counter report lodged in respect of said incident, which indicates that the informant’s side was aggressor in the assault caused on the Applicants’ and others. It is his submission that during the course of investigation, CCTV footage of the incident has been obtained, which indicates that the son of the Informant was in fact assailant and hence, the possibility of the false/over implication is not ruled out. 4. Learned APP opposed grant of any protection to the Applicants firstly by submitting that against Applicant – Sagar five antecedents. She also drew attention of the Court to the investigation papers, which according to her, indicates that injury was caused to Tushar, which is attributable to the Sagar. It is claimed that having regard to the nature of offences and the disputes between the parties, this is not the case of pre- arrest bail to these Applicants. 5. Prima facie perusal of the record indicates that in respect of the incident occurred on 28.03.2026, counter reports are lodged. Perusal of the investigation papers, more particularly, the CCTV footage 925-ABA-1223-2026.odt panchnama/transcript indicates that the son of the informant Tushar in fact has commenced the assault. In the light of these facts, injury caused to the said Tushar is simple in nature. Though there is allegation against Applicant – Sumit of he causing assault with iron rod, injury caused to the Informant is simple in nature. There is no specific attribution against Applicant Sumit of causing any particular injury to any witness, which is grievous in nature. 6. Having regard to the aforestated facts, the possibility of false implication is not ruled out. Appropriation directions to the Applicants to appear before the investigating officer will meet the purpose of investigation. Hence, the order: O R D E R (i) Anticipatory Bail Applications are allowed. (ii) In the event of arrest of the Applicants in connection with C.R. No. 91/2026 registered with Police Station Yawal, District Jalgaon for the offences punishable under Sections 109(1), 189(1), 190, 191(2), 191(3), 118(1), 115(2), 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 37(1)(c) of the Maharashtra Police Act, they shall be released on bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) each with one surety in the like amount. (iii) They shall attend the concerned police station 27.08.2026 and 29.08.2026 between 11.00 am to 01.00 pm and thereafter upon written notice by the IO. (iv) They shall not contact the witnesses directly or indirectly. (v) They shall not interfere with the evidence in any manner 925-ABA-1223-2026.odt whatsoever. (vi) They are further directed to cooperate the investigating agency for further investigation, remained if any. (R. M. JOSHI, J.) Malani