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2026 DAILYLAW 7480 (BOM)

BHANUDAS KASHINATH SHINDE v. THE STATE OF MAHARASHTRA AND OTHERS

APPLN/2272/2026 · 2026-09-09

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 918 ANTICIPATORY BAIL APPLICATION NO. 735 OF 2026 WITH CRIMINAL APPLICATION NO. 2272 OF 2026 1. Raju Keruba Shinde 2. Aditya Sanju Shinde 3. Sangita Raju Shinde 4. Rutuja Raju Shinde 5. Mina Sanjay Shinde 6. Sanjay Keruba Shinde … APPLICANTS VERSUS The State of Maharashtra … RESPONDENT ... Mr. Milind Madhu Joshi, Advocate for Applicants Mr. S. P. Joshi, APP for the Respondent/State Mr. A. A. Shaikh h/f Mr. R. V. Gore, Advocate for the informant CORAM : R. M. JOSHI, J. DATED : 9th SEPTEMBER, 2026 PER COURT :- 1. Applicant seeks pre-arrest bail in connection with Crime No. 220/2026, registered with Bidkin Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 109, 118(1), 118(2), 189(2), 191(2), 191(3), 190, 352, 351(3) of the Bharatiya Nyaya Sanhita. 2. The First Information Report indicates that an incident had occurred on 27.03.2026, in which the present applicants alleged to have assaulted the 918 ABA 735.2026.odt 1 of 4 2026:BHC-AUG:41567 witness/victim. The allegation is that the applicants assaulted him with kicks and fist blows and that someone assaulted him from behind with an iron rod. In the said incident, the victim sustained grievous injuries. 3. Learned Advocate for the applicants submits that, in the present case, there are counter-reports in respect of the same incident and, as such, the possibility of someone else causing the injuries to the victim cannot be ruled out. It is his submission that, in the absence of any overt act being attributed to the applicants, their liberty deserves to be protected. 4. Learned APP for the State and learned Advocate for the informant opposed the grant of protection to the applicants. It is their submission, by referring to the injury certificate on record, that the victim sustained grievous injuries in the said incident. 5. Learned Advocate for the informant submits that, after interim relief was granted to some of the applicants, they threatened the informant and also lodged a report invoking the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The Court cannot prohibit any person from lodging a report if any offence is committed against him. As far as the allegation with regard to the threatening at the hands of some of the applicants is concerned, for want of any particulars and material to 918 ABA 735.2026.odt 2 of 4 substantiate the same, this Court finds no reason not to protect the liberty of the applicants. 6. A perusal of the First Information Report as well as the statements recorded during the course of investigation does not indicate as to who is the author of the said injury. There is no dispute about the fact that there are counter-reports in respect of the same incident and, as such, the possibility of the injury being caused by someone other than the present applicants cannot be ruled out. In the absence of any specific overt act attributed to the applicants, merely for the reason that grievous injuries were caused to the victim, the protection of the liberty of the applicants cannot be denied. There are no criminal antecedents against the applicants. Hence, the order. ORDER (i) Application of applicant Nos.3. Sangita Raju Shinde, 4. Rutuja Raju Shinde and 5. Mina Sanjay Shinde is allowed in terms of interim order dated 05.05.2026. (ii) In the event of arrest of applicant Nos. 1. Raju Keruba Shinde and 2. Aditya Sanju Shinde, in connection with Crime No. 220/2026, registered with Bidkin Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 109, 118(1), 118(2), 189(2), 191(2), 191(3), 190, 352, 351(3) of the Bharatiya Nyaya Sanhita, they shall be released on bail on furnishing PR Bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount. (iii) They shall not contact the witnesses directly or indirectly. 918 ABA 735.2026.odt 3 of 4 (iv) They shall not interfere with the evidence in any manner whatsoever. (v) They are further directed to cooperate the investigating agency for further investigation. (vi) They shall attend the concerned Police Station and report to the Investigating Officer on 22.09.2026 and 28.09.2026 between 11.00 a.m. to 01.00 p.m. and as and when called by the Investigating Officer on written intimation. 7. Learned APP for the Respondent/State to communicate this order to the concerned Police Station. 8. Pending application, if any, stands disposed of. ( R. M. JOSHI, J.) ssp 918 ABA 735.2026.odt 4 of 4