SAMADHAN DINKAR KOLI AND ANOTHER v. THE STATE OF MAHARASHTRA AND ANOTHER
ABA/1596/2026 · 2026-09-08
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DailyLaw.ai
[ 2026 DAILYLAW 7130 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7130 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 - aba1596.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
928 ANTICIPATORY BAIL APPLICATION NO. 1596 OF 2026
1. Samadhan Dinkar Koli
2. Laxman Ishwar Koli ….Applicants
VERSUS The State of Maharashtra & another …..Respondents
Mr. A. S. Sawant, Advocate for Applicants. Mr. S. B. Narwade, APP for the State.
CORAM : R. M. JOSHI, J.
DATE : 8th SEPTEMBER, 2026.
PER COURT :
1. After hearing learned Counsel for both sides, learned Counsel for the Applicants, on instructions, seeks withdrawal of the application qua Applicant No. 1 Samadhan Dinkar Koli.
2. Application stands dismissed qua Applicant No. 1 Samadhan Dinkar Koli as withdrawn.
3. Applicant No. 2 - Laxman Ishwar Koli seeks pre-arrest bail in connection with Crime No. 0384/2026, registered with Dhule Taluka Police Station, District Dhule, for the offences punishable under
- 2 - aba1596.26.odt Sections 118(1), 118(2), 115(2), 352, 351(2), 351(3), 189(2), 191(1) of Bharatiya Nyaya Sanhita.
4. First Information Report indicates that on 28.06.2026 at about 8.00 pm, the incident had occurred in which the informant and witness Kalpesh were assaulted by the present Applicants. There is allegation against Applicant No. 2 that he caused assault on the head of Kalpesh with a stick.
5.
Learned Counsel for Applicants submits that the stick which was allegedly used by Applicant No. 2 has already been recovered and considering the nature of injury caused to Kalplesh, this is a fit case for protecting liberty of Applicant No. 2. He claims that Applicant No. 2 has no criminal history behind him.
6. Learned APP opposed grant of any protection to the Applicant by referring to the allegations against both the Applicants in the First Information Report so also observations made by the Sessions Court. He further submits that as per the record, the weapon i.e. stick used by Applicant No. 2 is yet to be recovered.
- 3 - aba1596.26.odt
7. Prima facie perusal of the record, more particularly injury certificate, indicates that Kalpesh sustained simple injury. Though the stick allegedly used by Applicant No. 2 is yet to be recovered, having regard to the fact that the injury caused to the witness is simple nature, custodial interrogation of Applicant No. 2 is not necessary. Hence, Application stands allowed qua Applicant No. 2 - Laxman Ishwar Koli in following terms :-
ORDER (i) In the event of arrest of Applicant No. 2 - Laxman Ishwar Koli, in connection with Crime No. 0384/2026, registered with Dhule Taluka Police Station, District Dhule, for the offences punishable under Sections 118(1), 118(2), 115(2), 352, 351(2), 351(3), 189(2), 191(1) 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 on 16.09.2026 between 11.00 am to 1.00 pm. (iii) He shall not contact the witnesses directly or indirectly.
- 4 - aba1596.26.odt (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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