SAMADHAN SURESH YEDE AND ANOTHER v. THE STATE OF MAHARASHTRA
ABA/848/2026 · 2026-09-08
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[ 2026 DAILYLAW 7101 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7101 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 - aba848.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
918 ANTICIPATORY BAIL APPLICATION NO. 848 OF 2026
1. Samadhan Suresh Yede
2. Mahesh @ Anna s/o Mohan Yede ….Applicants
VERSUS The State of Maharashtra …..Respondent ….. Mr. M. U. Shelke, Advocate for Applicants Mr. S. B. Narwade, APP for the State.
CORAM : R. M. JOSHI, J.
DATE : 8th SEPTEMBER, 2026.
PER COURT :
1. Applicants seek pre-arrest bail in connection with Crime No. 239/2026 registered with Bhoom Police Station, Tq. Bhoom, District Dharashiv, for the offences punishable under Sections 115(2), 118(1), 118(2), 352, 3(5) of Bharatiya Nyaya Sanhiata.
2. First Information Report indicates that an incident had occurred on 08.04.2026 in which the present Applicants with co- accused said to have caused assault on the informant resulting into causing of grievous injury in the form of fracture to his ribs.
- 2 - aba848.26.odt
3.
Learned Counsel for the Applicants submits that this is a case wherein already report is lodged by Applicant No. 2 in respect of the incident occurred on the same day in which he was assaulted by the informant. It is his submission that the present report is belatedly lodged i.e. after 30 days of occurrence of the incident by way of counter blast. It is his submission that in any case, no grievous injury is attributable to the present Applicants and as such, their liberty deserves to be protected. He makes a statement on instructions that pursuant to the directions issued by this Court to Applicant No. 1 of causing appearance before the Investigating Officer, he has appeared before the Investigating Officer and cooperated in the investigation.
4. Learned APP opposed grant of protection to the Applicants by referring to the allegations against them in the First Information Report. It is his submission that on account of injury caused to the informant he was hospitalised which is a satisfactory explanation for beletedly lodging of the report.
5. Prima facie perusal of the record indicates that on 08.04.2026 certainly some incident has occurred. There is already report lodged
- 3 - aba848.26.odt by Applicant No. 2 in connection with the said incident. The report in question is lodged after 30 days. Once there is delay in lodging of the report, the Court has to be very careful with regard to assessing allegations made therein as the possibility of over implication exists. Perusal of record though indicates causing of injury including grievous injury i.e. fracture to ribs to the informant, said injury is not attributable to the present Applicants. in the facts of the case, interim protection granted to Applicant No. 1 stands confirmed except Clause No. (ii) and application is allowed qua Applicant No. 2 in following terms.
ORDER (i) In the event of arrest of Applicant No. 2 Mahesh @ Anna s/o Mohan Yede, in connection with Crime No. 239/2026 registered with Bhoom Police Station, Tq. Bhoom, District Dharashiv, for the offences punishable under Sections 115(2), 118(1), 118(2), 352, 3(5) of Bharatiya Nyaya Sanhiata, 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.
- 4 - aba848.26.odt (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.)
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