904-ABA-68-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 68 OF 2026 Ajay Kumar R Bhartiya And Anr. …Applicants Versus The State of Maharashtra …Respondent Adv. Tuushar Sonawane, for the Applicant. Mr. Prasanna P. Malshe, A.P. P., for the Respondent – State. PSI Santosh Wakchaure, Bhiwandi Taluka Police Station, Thane City, is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 17TH JUNE 2026 PC:- 1. Learned Counsel for the applicants seeks leave to amend and state the details of antecedents in Paragraph No. 13 of the memorandum of the application. 2. Leave granted. 3. Necessary amendment be carried out forthwith. 4. Learned Counsel for the applicants submits that although the offence was registered under various sections as mentioned in the FIR, subsequently after investigation proceeded, the charges are dropped as against all the sections by the prosecution agency and now only section for which the 17th June 2026 904-ABA-68-2026.ODT applicants are charged is under section 317(2) of Bhartiya Nyaya Sanhita, 2023 (for short, “BNS”), which is punishable with imprisonment upto three years. He therefore submitted that considering the nature of the offence, the personal liberty of the applicants may be protected by issuing appropriate directions regarding compliance of the provisions of Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short, “BNSS”). 5. Learned APP, on instructions, confirms the submission that the charges against applicants under the earlier sections have been dropped and the only charge which remains is under Section 317(2) of BNS. 6. Although learned Counsel for the applicants invited my attention to the earlier orders which were passed by the Magistrate holding arrest of the applicants as illegal and on that basis tried to point out the false implication of the applicants, the contentions in that regard need not be gone into in view of subsequent developments. 7. Considering the fact that now the only offence alleged against the applicants is under section 317(2) which is punishable with imprisonment upto three years, the instant application can be disposed of by directing the investigating agency to comply with the procedure under section 35 of the 17th June 2026 904-ABA-68-2026.ODT BNSS and by directing applicant to cooperate the investigating agency. Hence, I pass following order :- ORDER (i) The Investigating Officer is directed to comply the procedure under Section 35 of the Bhartiya Nagrik Suraksha Sanhita, 2023. (ii) Applicants are directed to cooperate the investigating agency and report to the Investigating Officer as and when directed. 8. In view of the above, this Anticipatory Bail Application is disposed of. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 17th June 2026