903-ABA-2400-2026.odt Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2400 OF 2026 Diksha Naresh Shinde ...Applicant V/s. The State Of Maharashtra ...Respondent _____________________________________________________________ Adv. Viresh Purwant a/w Adv. Suraj Gadkari, for the Applicant. Adv. Prasanna P. Malashe, APP for the Respondent – State. PSI – Mr. R. D. Narsinge, Kopari Police Station, is present. ________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 28TH AUGUST, 2026. P.C. :- 1. Heard Adv. Viresh Purwant, for the applicant and Adv. Prasanna P. Malashe, learned APP for the respondent-state. 2. The applicant has filed the instant application seeking pre- arrest bail in connection with Crime No. 162 of 2026 dated 10.04.2026, 1/6 903-ABA-2400-2026.odt registered with Kopari Police Station, Thane (City), for the offences punishable under Sections 109, 115(2), 126(2), 189(2), 190, 191(2), 191(3), and 324(4) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The FIR came to be registered on the basis of a report lodged by Ankush Ramchandra Bhote, who is a driver in the Transport Department. He has alleged in the report that on 09.04.2026 there was an incident of quarrel and scuffle by a group of persons with him, on account of driving the vehicles in a rash and negligent manner. He has alleged that on 09.04.2026, at about 3:20 p.m., a group of persons attacked him on the instigation of this applicant, who had allegedly said, ‘attack the driver’. It is alleged that on her instigation the accused persons have attacked the complainant by wooden sticks, fists and blows. On the basis of these allegations, the FIR came to be registered against one Mr. Nilesh Ganesh Shinde and eight other unknown persons. 4. Advocate Viresh Purvant, learned counsel for the applicant submitted that the only role attributed to this applicant is her alleged instigation to attack the driver. He states that there are no allegations of any attack by this applicant. He further states that the main accused Nitesh Naresh Shinde is already released on regular bail. He invites my attention to the observations recorded by the Sessions Court in his bail order dated 2/6 903-ABA-2400-2026.odt 31.07.2026 in Sessions Case No. 237 of 2026 and submits that there is a discrepancy with respect to injuries in the injury certificates issued by Siddhivinayak Hospital and Civil Hospital Thane. He, therefore, submits that in fact there are no external injuries on the victim. In any case, he submits that the attack is not attributed to this applicant. Apart from this, he states that the charge-sheet is already filed against the other accused persons and there are no criminal antecedents against this applicant and therefore she be granted anticipatory bail. 5. Per contra, learned APP for the respondent had opposed the application and submitted that the offence of attack on a government servant is a serious offence. He submitted that the role of this applicant in instigating the other accused persons who had formed an unlawful assembly and ultimately attacked the Government Official demonstrates the gravity of her role in the entire incident. He submits that the charge- sheet is filed only against only two accused persons and seven other accused persons are still absconding. 6. I have perused the FIR and the documents placed on record. It has to be noted that the only role attributed to this applicant is about instigating the other accused persons. There is no overt act of physical assault attributed to this applicant. Even as regards the injuries, there is a 3/6 903-ABA-2400-2026.odt discrepancy as observed by the sessions court in the bail order of Mr. Nilesh Ganesh Shinde, observing thereby that the injury certificate issued by Siddhivinayak Hospital does not show any grievous injuries. It has been observed that the injury certificate issued by Civil Hospital Thane where the injured was immediately taken after the incident, states that there are no external injuries on the body of complainant. These pertinent observations are recorded by the Sessions Court in its order dated 31.07.2026 as referred above. 7. It has to be noted that the investigation in the matter is completed and charge-sheet is filed against two other co-accused persons. The weapon used in the offence has already been seized. Considering the role attributed to this applicant, there is no need of custodial interrogation of this applicant. The apprehension of the prosecution that there is a possibility of tampering the witnesses can be taken care of by imposing certain conditions upon the applicant. 8. Considering all the above-mentioned aspects and absence of any factors demonstrating any need for her custodial interrogation, the personal liberty of the applicant needs to be protected, subject to certain conditions. 9. Hence, I pass the following order. 4/6 903-ABA-2400-2026.odt : ORDER : (i) The application for anticipatory bail is allowed. (ii) In the event of arrest of this applicant in Crime No. 162 of 2026 dated 10.04.2026, registered with Kopari Police Station, Thane (City), for the offence punishable under Sections 109, 115(2), 126(2), 189(2), 190, 191(2), 191(3), and 324(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, she 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 02:00 p.m. for a period of four weeks from today. (iv) The applicant is directed to deposit her mobile phone with the investigating agency and furnish the details of Aadhar Card and residential address. 5/6 903-ABA-2400-2026.odt (v) The applicant shall not pressurize the prosecution witnesses in any manner. (vi) The applicant shall extend cooperation during investigation and trial. 9. The instant application for anticipatory bail is allowed in above terms. (PRAFULLA S. KHUBALKAR, J.) 6/6