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2026 DAILYLAW 5890 (BOM)

SONU ALIAS YASH SANJAY ALIAS YASHWANT JADHAV v. THE STATE OF MAHARASHTRA AND ANOTHER

ABA/1066/2026 · 2026-09-02

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 921 ANTICIPATORY BAIL APPLICATION NO. 1066 OF 2026 SONU ALIAS YASH SANJAY ALIAS YASHWANT JADHAV VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Mr. Ujwal Subhash Patil, Advocate for Applicant Ms. P. J. Bharad, APP for the Respondent/State CORAM : R. M. JOSHI, J. DATED : 2nd SEPTEMBER, 2026 PER COURT :- 1. Applicant seeks pre arrest bail in connection with Crime No. 246 of 2026, registered with Pachora Police Station, District Jalgaon, for the offences punishable under Sections 109 of the Bharatiya Nyaya Sanhita. 2. The First Information Report lodged on 18.05.2025 from the hospital indicates that, on 17.05.2025 at about 07.15 p.m., the present applicant came to the spot and assaulted the informant on his head with an iron rod. The informant lost consciousness immediately and was taken to the hospital. It was found that he had sustained injuries to his head. On the basis of the said First Information Report, an offence punishable for an attempt to commit murder of the informant came to be registered against the applicant. 921 ABA 1066.2026.odt 1 of 3 2026:BHC-AUG:39976 3. The learned Advocate for the applicant submits that there are disputes between the parties and, owing to the same, the possibility of false implication cannot be ruled out. It is his contention that the applicant is aged about 22 years and has no criminal antecedents. It is, therefore, submitted that the liberty of the applicant be protected. He undertakes that the applicant would cooperate with the investigation if he is directed to appear before the Investigating Officer. He also submits that there is a delay in lodging the First Information Report. 4. The learned APP opposed the grant of any protection to the applicant by referring to the allegations against him in the First Information Report, as well as the injury certificate on record. According to her, causing three injuries with an iron rod on the head is sufficient to attract the provisions of Section 109 of the B.N.S. 5. Though the applicant is aged about 22 years, that by itself cannot be a ground to grant pre-arrest bail to him if there is evidence indicating his involvement in the crime of attempt to commit murder. Perusal of the First Information Report, as well as the statements of the witnesses, indicates that the incident in question occurred on the fateful day. The applicant assaulted the informant thrice on his head with a weapon such as an iron rod. The injury certificate supports the said allegation and indicates that the informant 921 ABA 1066.2026.odt 2 of 3 sustained three fracture injuries to his skull. 6. Needless to say, the evidence on record is more than sufficient, prima facie, to attribute the offence of attempt to murder to the applicant. As far as the delay is concerned, the facts of the case are self-explanatory, indicating that immediately after the assault, the informant became unconscious and was taken to the hospital. It was only on the next day, after the informant regained consciousness, that the report could be lodged. 7. Having regard to these facts, the applicant is not entitled to any relief. Hence, the application stands rejected. ( R. M. JOSHI, J.) ssp 921 ABA 1066.2026.odt 3 of 3