- 1 - aba1604.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 931 ANTICIPATORY BAIL APPLICATION NO. 1604 OF 2026 WITH CRIMINAL APPLICATION NO. 3664 OF 2026 IN ABA/1604/2026 Tukaram Dnyanoba Kachgunde ….Applicant VERSUS The State of Maharashtra …..Respondent Mr. R. R. Garje, Advocate for Applicant Mr. S. P. Joshi, APP for the State. Mr. S. B. Solanke, Advocate for the informant. CORAM : R. M. JOSHI, J. DATE : 3rd SEPTEMBER, 2026. PER COURT : 1. At the outset, learned Counsel Mr. Solanke seeks permission to assist learned APP on behalf of the informant. 2. Learned Counsel for Applicant records no objection for the same. 3. In view of above, learned Counsel Mr. Solanke is permitted to assist learned APP. Criminal Application No. 3664/2026 is allowed. - 2 - aba1604.26.odt 4. Applicant seeks pre-arrest bail in connection with Crime No. 0324/2026 registered with Parali Rural Police Station, District Beed, for the offences punishable under Sections 109, 115(2), 118(1), 118(2),189(2), 190, 191(2), 191(3), 351(3) of Bharatiya Nyaya Sanhita. 5. First informant Ashok reported the incident occurred on 28.06.2026 which, according to him, indicates that on that day the informant was assaulted by the present Applicant and co-accused. There is allegation against the present Applicant that he sat on the chest of the informant and throttled him. There is allegation against the co-accused of using iron rod and stick to cause assault on him. 6. Learned Counsel for Applicant submits that admittedly there are disputes between the parties and in respect of the incident occurred on 28.06.2026 counter reports are lodged. He further contends that the present report is lodged belatedly which creates possibility of false implication. 7. Learned APP and learned Counsel for the informant opposed grant of protection to the Applicant by referring to the allegations - 3 - aba1604.26.odt against him in the First Information Report. Learned APP drew attention of the Court to the injury certificate on record indicating causing of six injuries to the informant, out of which, two injuries are grievous in nature. He also drew attention of the Court to the statement of eye-witness to the incident. 8. Admittedly, there are disputes between the parties and as such possibility of false/over implication is not ruled out. The incident in question has occurred on 28.06.2026. Though there is statement of eye-witness on record, he claims that all co-accused including the present Applicant caused assault with iron rod and sticks whereas there is no allegation in the First Information Report against the present Applicant. The only allegation against him is that he sat on the chest of the informant and throttled him. In order to support this allegation, there is no evidence on record. Even injury certificate does not correspond to the said allegation. As such, this is a case wherein possibility of over implication is not ruled. Hence, application is allowed in following terms :- ORDER (i) In the event of arrest of applicant Tukaram Dnyanoba Kachgunde, in connection with Crime No. 0324/2026 registered with Parali Rural Police Station, - 4 - aba1604.26.odt District Beed, for the offences punishable under Sections 109, 115(2), 118(1), 118(2),189(2), 190, 191(2), 191(3), 351(3) of Bharatiya Nyaya Sanhita, he be released on bail on furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one surety in the like amount. (ii) He shall attend the concerned police station as and when called. (iii) He shall not contact the witnesses directly or indirectly. (iv) He shall not interfere with the evidence in any manner whatsoever. (v) He is further directed to cooperate the investigating agency for further investigation. (vi) Learned APP to communicate this order to the concerned Investigating Officer. ( R. M. JOSHI, J.) dyb