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2026 DAILYLAW 4883 (BOM)

BIBHISHAN CHATURBHUJ SALGUDE v. THE STATE OF MAHARASHTRA AND ANR.

ABA/484/2026 · 2026-08-27

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Judgment text

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1 904-ABA-484-2026(CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.484 OF 2026 Bibhishan Chaturbhuj Salgude ….Applicant VERSUS. The State Of Maharashtra and Anr. ....Respondents ----- Mr. Gaurav Kalekar i/b Mr. Shubham Vasekar, for Applicant. Dr. Ashvini A. Takalkar, APP, for Respondent Nos.1 and 2 - State. Officer: Ashpak Shaikh, Karmala Police Station, present. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 27th AUGUST, 2026. P.C. 1. Heard Mr. Gaurav Kalekar, learned Advocate for the Applicant and Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and 2 – State. 2. By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail, apprehending arrest in Crime No. 0219 of 2026, dated 16.03.2026, registered at Karmala Police Station, District Solapur Rural, for offences punishable under Sections 118(2), 118(1), 115(2), 351(2), 352, 189(2), Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.08.28 10:41:19 +0530 2 904-ABA-484-2026(CR).DOC 190, 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS 2023”). 3. Mr. Gaurav Kalekar, learned Advocate for the Applicant, states that there are five (5) accused in Crime No. 0219 of 2026, with the Applicant being Accused No. 4. He further submits that, after completion of the investigation, the charge-sheet has been filed, and the same is registered as R.C.C. No. 212 of 2026 and is pending before the Judicial Magistrate First Class, Karmala, District Solapur. 4. In brief, the case of the prosecution is that, on 13th June, 2026, the Applicant and the co-accused assaulted the Informant (Suraj Salgude) with kicks, an iron rod and a sickle. The accused persons in Crime No.0219 of 2026 and the Informant have prior enmity. 5. Mr. Gaurav Kalekar, learned Advocate for the Applicant, submits that although the allegations against the Applicant are that he assaulted Amit Kashid with a sickle, the injuries reflected in Amit Kashid's injury certificate are simple in nature. He submits that the Applicant himself sustained grievous injuries in the assault by the Informant on 13th March, 2026. He submits that the investigation is complete and the charge sheet has been filed. He submits that the Applicant shall co-operate with the investigation and appear before the Investigating Officer as and when required. Shantanu S. Dhudum 3 904-ABA-484-2026(CR).DOC 6. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos. 1 and 2, submits that the Applicant was involved in the incident dated 13th March, 2026. She however does not dispute the submissions made by Mr. Gaurav Kalekar, learned Advocate for the Applicant, that the injuries suffered by Amit Kashid, on account of the assault said to be by the Applicant, are simple in nature . She submits that the weapons used in the crime have been recovered at the instance of Accused No. 1. 7. Perused the record with the assistance of the learned Advocates appearing for the parties. 8. Mr. Gaurav Kalekar, learned Advocate for the Applicant, has stated that Accused Nos. 1 and 2 in Crime No.0219 of 2026, who are alleged to have assaulted the Informant with sharp weapons, have been released on Regular bail by the Judicial Magistrate First Class, Karmala, District Solapur. He further submits that Accused No. 5 has been released on Anticipatory Bail by this Court on 11th August, 2026, in Criminal Anticipatory Bail Application No. 445 of 2026. 9. A perusal of the record indicates that Amit Kashid (injured) has alleged that the Applicant has assaulted him with a sharp weapon. However, the injury certificate of the Applicant indicates that the injuries sustained by him are simple in nature. Shantanu S. Dhudum 4 904-ABA-484-2026(CR).DOC 10. The Applicant has filed a complaint against the Informant, in respect of the incident dated 13th March, 2026, which was registered as the F.I.R. on 14th March, 2026. As submitted by Mr. Gaurav Kalekar, learned Advocate for the Applicant, the Applicant has suffered grievous injuries due to the assault on 13th March, 2026. 11. The Informant, in respect of the incident dated 13th March 2026, lodged the Crime No.0219 of 2026 on 16th March 2026. The weapons used in the crime have been recovered at the instance of Accused No.1. 12. Considering the role attributed to the Applicant, the injuries sustained by the Applicant himself and the fact that the Applicant having lodged an F.I.R. in respect of the incident on 13th March, 2026, custodial interrogation of the Applicant is not necessary. 13. In view of the above, the application is allowed on the following conditions: ORDER (a) In the event of arrest of the Applicant - Bibhishan Chaturbhuj Salgude, in Crime No.0219 of 2026, dated 16/03/2026, registered with Karmala Police Station, District Solapur Rural, the Applicant shall be released on bail on furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one or two sureties in the like amount to the satisfaction of the Investigating Officer, Karmala Police Station, District Solapur Rural. Shantanu S. Dhudum 5 904-ABA-484-2026(CR).DOC (b) The Applicant shall appear and report before the Investigating Officer at Karmala Police Station, District Solapur Rural, on 31st August, 2026, 1st, 2nd, 3rd and 4th September, 2026 from 10:00 a.m. to 12:00 noon, and thereafter as and when required by the Investigating Officer, Karmala Police Station, District Solapur Rural. The Applicant shall cooperate in the investigation of Crime No.0219 of 2026. (c) The Applicant shall provide the Investigating Officer with his residential address along with proof, his contact number and must inform the Investigating Officer of any changes to this information from time to time. (d) The Applicant shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case to dissuade such person from disclosing the facts to the Court or any police officer. (e) The Applicant shall not tamper with the evidence, in any manner. 14. Anticipatory Bail Application No.484 of 2026 is disposed. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum