- 1 - aba1531.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 22 ANTICIPATORY BAIL APPLICATION NO. 1531 OF 2026 Dnyaneshwar Bhujang Avhad ….Applicant VERSUS The State of Maharashtra & another …..Respondents Mr. Mr. R. G. Narwade, Advocate holding for Mr. S. E. Shekade, Advocate for Applicant. Ms. P. J. Bharad, APP for the State. Mr. D. R. Markad, Advocate for the informant. CORAM : R. M. JOSHI, J. DATE : 21st SEPTEMBER, 2026. PER COURT : 1. Applicant seeks pre-arrest bail in connection with Crime No. 0544/2026, registered with Shevgaon Police Station, District Ahilyanagar, for the offences punishable under Sections 109(1), 115(2), 118(1), 351(2), 351(3), 352 r/w 3(5) of Bharatiya Nyaya Sanhita. 2. First Information Report indicates that on 25.06.2026 at about 3.30 pm, an incident had occurred in which the informant was assaulted by the Applicant and co-accused. There is allegation - 2 - aba1531.26.odt against the present Applicant of causing assault on the informant on his head with iron rod. 3. Learned Counsel for the Applicant submits that here in this case, there are counter reports in respect of the same incident and the possibility of causing injury to the informant in the fight between two groups is not ruled out. To support this contention, he drew attention of the Court to the injury certificate of one of the accused persons Sheshrao indicating causing of two fracture injuries to him. He claims that Applicant has no criminal history behind him. It is his submission that having regard to the said fact, custodial interrogation of the present Applicant is not necessary. 4. Learned APP and learned Counsel for the informant opposed grant of any protection to the Applicant on the ground that there are specific allegations against the Applicant of causing assault with iron rod. Learned APP, on instructions, makes a statement that the iron rod used in the assault is yet to be recovered. According to them, there is injury certificate to support the allegations with regard to assault caused to the informant. - 3 - aba1531.26.odt 5. Prima facie perusal of the record indicates that in respect of the same incident two different reports came to be lodged. One of the accused has sustained two fracture injuries. This supports the contention of learned Counsel for the Applicant that this could be a case of fight between two groups. Insofar as present Applicant is concerned, grievous injury caused to the informant is not attributable to him. Having regard to the aforestated facts and also considering the possibility of false/over implication, this Court finds it to be a fit case to protect the liberty of the Applicant. For the purpose of further investigation, if any, the Applicant is directed to appear before the Investigating Officer on 28.09.2026 and 01.10.2026 between 11.00 am to 1.00 pm. For the purpose of recovery, if any, he be treated in the custody of police. Hence, the following order :- ORDER (i) In the event of arrest of applicant Dnyaneshwar Bhujang Avhad, in connection with Crime No. 0544/2026, registered with Shevgaon Police Station, District Ahilyanagar, for the offences punishable under Sections 109(1), 115(2), 118(1), 351(2), 351(3), 352 r/w 3(5) 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. - 4 - aba1531.26.odt (ii) He shall attend the concerned police station on 28.09.2026 and 01.10.2026 between 11.00 am to 1.00 pm. (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