HANSRAJ DWARIKAPRASAD VARMA v. STATE OF MAHARASHTRA
ABA/2367/2026 · 2026-08-27
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 4804 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4804 (BOM) · dailylaw.ai ]
Judgment text
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906-ABA-2367-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2367 OF 2026 Hansraj Dwarikaprasad Varma …Applicant Versus The State of Maharashtra …Respondent Adv. Khalid Naseem Ahmed Gujar A/w Adv. Deepa Panicker, for the Applicant. Mr. Bapu V. Holambe-Patil, A.P. P., for the Respondent – State. PSI Bhise, Dindoshi Police Station, Mumbai, is present.
CORAM :
PRAFULLA S. KHUBALKAR, J.
DATE :
27TH AUGUST 2026 P.C:-
1. Heard Advocate Gujar, learned counsel for applicant as well as Mr. Holambe-Patil, learned APP for the respondent – State.
2. The applicant has filed instant application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with Crime No. 314 of 2026 dated 11.04.2026, registered with Dindoshi Police Station, Brihanmumbai, for the offence punishable under Sections 118 (2) of the Bharatiya Nyaya Sanhita, 2023. 27th August 2026
906-ABA-2367-2026.ODT
3. The FIR came to be registered on the basis of a report lodged by Mr. Vasanji Arjunbhai Surti alleging that on 04.04.2026 at about 06.15 p.m., while he was walking on the footpath near Dindoshi Metro Station, an unknown person attacked him on his leg with a wooden stick and caused him injuries. On the basis of the said report, the FIR came to be registered against an unknown person.
4.
Learned counsel for applicant submitted that, in connection with the concerned offence, the accused person has already been arrested and released by the Remand Court. He submitted that only because an independent civil suit is pending between this applicant and his brother against the informant, somebody has disclosed the names of this applicant and his brother and alleged that they had conspired to attack the victim. He submitted that the applicant has no connection whatsoever with the victim or with any dispute in that regard. He also submitted that the statement of this applicant has already been recorded during the course of the investigation. Apart from this, the weapon of offence has already been seized, and there is no need of custodial interrogation of this applicant. He also 27th August 2026
906-ABA-2367-2026.ODT submitted that there are no criminal antecedents against this applicant and he is ready to extend co-operation to the investigation agency. 5. As against this, the learned APP for the respondent-State opposed the application and submitted that the arrested person has disclosed the fact of dispute in between applicant’s brother and the victim. It is also submitted that the Call Detail Record (CDR) reveals that the applicant and his brother had interacted with the arrested accused person on several occasions, and their involvement in the offence is likely to be revealed. 6. Perused the FIR and the documents placed on record. It has to be noted that the FIR was registered against an unknown person. During the course of the investigation, the person who had assaulted the victim was arrested. There is nothing on record, at this stage, to show that the attack was carried on by the arrested accused person at the instance of this applicant or in furtherance of any conspiracy involving brother of this applicant. At this stage, there is nothing on record to connect this applicant with the offence. The weapon of offence has also recovered from the arrested person and, therefore, there is no 27th August 2026
906-ABA-2367-2026.ODT necessity for custodial interrogation of this applicant. 7. Considering the fact that there are no criminal antecedents against this applicant and there is no material to show any direct connection of this applicant with the alleged assault, at this stage, the personal liberty of this applicant needs to be protected subject to certain conditions. 8.
Hence, I pass following order :-
ORDER (i) The Anticipatory Bail Application are allowed. (ii) In the event of arrest of the applicant in Crime No. 314 of 2026, registered with Dindoshi Police Station, Brihanmumbai, for the offence punishable under Section 118(2) of The Bharatiya Nyaya Sanhita, 2023, he be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only), with one solvent surety of the like amount. (iii) The applicant is directed to attend the Police Station on every Monday in between 10:00 a.m. to 2:00 p.m. for a period of four weeks and thereafter as and when called upon by the 27th August 2026
906-ABA-2367-2026.ODT investigating agency. (iv) The applicant shall not contact complainant or any of the witnesses, in any manner. (v) Breach of any of these conditions, shall be a ground for cancellation of the bail.
9. Anticipatory Bail Application is disposed of in above terms.
(PRAFULLA S. KHUBALKAR, J.) VDMokal/- 27th August 2026