- 1 - aba1390.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 931 ANTICIPATORY BAIL APPLICATION NO. 1390 OF 2026 Narayan Sanjay Borude ….Applicant VERSUS The State of Maharashtra & another …..Respondents Mr. N. B. Narwade, Advocate for Applicant Mr. S. B. Jadhav, APP for the State. CORAM : R. M. JOSHI, J. DATE : 19th AUGUST, 2026. PER COURT : 1. Applicant seeks pre-arrest bail in connection with Crime No. 0692/2026 registered with Pathardi Police Station, District Ahilyanagar, for the offences punishable under Sections 109, 118(2), 115(2), 351(2), 190, 189(2), 189(4), 352 of Bharatiya Nyaya Sanhita. 2. First Information Report indicates that the incident had occurred on 29.05.2026 in which the present Applicant is said to have assaulted the informant with iron rod causing injury to his neck as well as knees. 3. Learned Counsel for the Applicant submits that from the First Information Report itself it is clear that there are disputes between - 2 - aba1390.26.odt the parties and in view of the said fact, delay caused in lodging of the First Information Report assumes relevance. It is his further submission that there is allegation in the First Information Report with regard to assault being caused on the neck of the informant resulting into causing of injury. However, the medical certificate does not indicate of any such injury. He, therefore, claims that this could be a case of false/over implication. In any case, it is his submission that since the iron rod allegedly used in the crime has already been seized, custodial interrogation of the Applicant is not necessary. 4. Learned APP opposed the application by referring to the allegations against the Applicant in the First Information Report. It is his submission that the said allegations are supported by medical certificate issued by Sai Mauli Super Speciality Hospital indicating causing of grievous injury to the informant. It is his submission that though iron rod has been seized, the vehicle is yet to be seized. 5. Learned Counsel for informant vehemently opposed the application by submitting that this is a case of brutal assault being caused by the Applicant on the informant. She placed on record documents pertaining to Sai Mauli Super Speciality Hospital in order - 3 - aba1390.26.odt to support her submissions about causing of grievous injury to the knee of the informant. According to her, if Applicant is granted pre- arrest bail, there is likelihood of danger to the informant. 6. Prima facie perusal of the First Information Report itself indicates that there are disputes between the parties. In the light of the said fact, the delay caused in lodging of the report cannot be ignored. Apart from this, there is specific allegation in the First Information Report about injury being caused to the neck of the Applicant on account of assault with iron rod. Perusal of police papers do not indicate any such injury being caused. The medical papers placed on record by the informant himself refer to no such injury. Pertinently, on the same day, the Applicant had visited the hospital and as such, it is not possible that causing of such injury with iron rod to the neck of the Applicant would not be seen and hence the only prima facie conclusion which can be drawn from this fact as argued by learned Counsel for the Applicant is that this could be a case of false/over implication. In the light of these facts and in view of the fact that the iron rod allegedly used in the incident has already been seized, liberty of the Applicant deserves to be protected. Appropriate directions to the Applicant to attend the - 4 - aba1390.26.odt concerned police station on requisite dates would be sufficient for investigation. In order to ensure that the informant’s apprehension is also taken care, Applicant is directed to appear before the concerned Investigating Officer once in a week till filing of the charge-sheet. Application is allowed in following terms :- ORDER (i) In the event of arrest of applicant Narayan Sanjay Borude, in connection with Crime No. 0692/2026 registered with Pathardi Police Station, District Ahilyanagar, for the offences punishable under Sections 109, 118(2), 115(2), 351(2), 190, 189(2), 189(4), 352 of Bharatiya Nyaya Sanhita, he be released on bail on furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one surety in the like amount. (ii) He shall attend the concerned police station once in a week till filing of the charge-sheet. (iii) He shall not contact the witnesses directly or indirectly. (iv) He shall not interfere with the evidence in any manner whatsoever. - 5 - aba1390.26.odt (v) He is 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