Dushyant Kesharinandan Mishra v. State Of Maharashtra

1 1-ABA 3470-25 @ ABA 3407-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3470 OF 2025 Akshay Sanjay Dongare ... Applicant V/s.

The State of Maharashtra ... Respondent WITH ANTICIPATORY BAIL APPLICATION NO.3407 OF 2025 Dushyant Kesharinandan Mishra ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Vasantkumar Takke for the Applicant in ABA No.3470 of 2025. Mr. Vinod Pandey & Mr. Hitesh Jain i/by Mr. Alok D. Pandey for the Applicant in ABA No.3407 of 2025.

Mr. B. V. Holambe Patil, APP for the Respondent-State. ----- Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2026.01.05 17:54:36 +0530 MUGDHA MANOJ PARANJAPE CORAM :

N.R. BORKAR, J.

DATE :

05TH JANUARY 2026 P.C. :

1.

As both these Applications for anticipatory bail are arising out of one and the same crime, they are being disposed of by this common order. 2.

The Applicants in both these Applications are apprehending their arrest in Crime No.818 of 2025 registered with Kurar Police Station for the offences punishable under Sections 115(2), 352, 333, 3(5), 324(4), 351(2) of the Bharatiya Nyaya Sanhita, 2023.

2 1-ABA 3470-25 @ ABA 3407-25.doc 3.

According to the prosecution, on the date of incident, which took place on 16th October 2025, the present Applicants along with other coaccused under the influence of liquor came to the house of the first informant and threatened to kill him. It is alleged that they abused and assaulted the first informant by fist and kick blows. There are allegations of causing damage to the household articles of the first informant. 4.

I have heard respective Learned Counsel for the Applicants and Learned APP for the Respondent-State.

5.

Learned Counsel for the Applicants submit that with some ulterior motive the false allegations are made against the Applicants. It is submitted that nothing is to be recovered from the Applicants and therefore there is no need of custodial interrogation. 6.

On the other hand, Learned APP for the Respondent-State submits that specific overt act is attributed to the present Applicants in the FIR. It is submitted that there are criminal antecedents against the present Applicants. It is submitted that considering the nature of crime, the Applicants may not be released on anticipatory bail. 7.

I have perused the FIR. Prima-facie, the allegations appears to be exaggerated. Considering the overall facts and circumstances of the case, I am inclined to release the Applicants on anticipatory bail on certain conditions. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Applications are allowed.

3 1-ABA 3470-25 @ ABA 3407-25.doc ii.

In the event of the arrest of the Applicants in Crime No.818 of 2025 registered with Kurar Police Station for the offences punishable under Sections 115(2), 352, 333, 3(5), 324(4), 351(2) of the Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one or two sureties in the like amount.

iii. The Applicants shall attend the concerned police station once in a month i.e. on first Saturday till conclusion of the trial. iv.

The Applicants shall not commit any other crime. 8.

The Anticipatory Bail Applications are disposed of in the aforesaid terms.

(N.R. BORKAR, J.)