Aryan Vijayanand Zodape ( Bobby Zodpe In Fir) v. The State Of Maharashtra

2026:BHC-AUG:13183 1 960.ABA-202-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 202 OF 2026 ARYAN VIJAYANAND ZODAPE ( BOBBY ZODPE IN FIR)

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Telgaonkar Nitin U. APP for Respondent/State : Mr. D. J. Patil ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 25th MARCH 2026 PER COURT :

1.

Heard the learned Counsel for the Applicant and the learned APP for the Respondent/State.

2.

The Applicant has approached this Court, seeking anticipatory bail application in connection with Crime No. 747 of 2025 dated 09.12.2025 registered with Nanalpeth Police Station, District Parbhani for the offences punishable under Sections 109, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

The case of the prosecution is that on 08.12.2025, accused Yash More started quarreling with the informant/injured, Krushna Deshmukh, on account of teasing a girl. It is alleged that accused Bobby, who was present along with Yash, struck the informant with a

2 960.ABA-202-2026.doc bracelet on his left hand and used a belt to assault him on the face and head. Bobby also attempted to strangulate the informant by compressing his throat with the belt, with the intention to commit murder. At that time, accused Shraman was also with Yash and Bobby. They took out a curtain rod from the hotel and struck the informant on his face. The complainant has therefore prayed for appropriate action against the accused persons. 4.

The learned Counsel for the Applicant submits that the coaccused, against whom there are allegations of assault by means of an iron rod, has been released on regular bail by order of the Sessions Court dated 05.02.2026 passed in BA No.69/2026. A copy of the said order is tendered, taken on record, and marked 'X' for identification.

.

The learned Counsel for the Applicant further submits that the other accused, Shraman, along with another, approached this Court, and this Court, vide order dated 30.01.2026 passed in ABA No.165/2026, has protected them by granting ad-interim bail. The allegations against the Applicant are of assault by means of a belt and an attempt to strangulate the complainant. The injury sustained is simple in nature. The Applicant, being a student of the second year of the Engineering Course, has no criminal antecedents and is ready to abide by any conditions that may be imposed by this Court. 5.

As against this, the learned APP, Mr. Patil, strongly opposes the application on the ground that there are direct allegations against

3 960.ABA-202-2026.doc the Applicant of assault by means of a belt. The Applicant has also attempted to strangulate the complainant, and thus the offence under Section 109 of the BNSS has been invoked and is clearly made out against the present Applicant. The learned APP further submits that the co-accused Yash was released on regular bail after being arrested. The role of the present Applicant is distinct, and hence the principle of parity may not apply to his case. The application of the other two accused, Shraman and one unknown person, is still pending before this Court. Thus, if the Applicant is released on bail, there is every likelihood that he may again commit a cognizable offence and threaten the complainant, thereby causing prejudice to the prosecution case. Hence, this is not a fit case to grant anticipatory bail, and the said application may therefore be rejected. 6.

I have gone through the investigation papers. A perusal of the medical treatment records and the injury certificate show that the complainant sustained simple injuries, namely lacerations, abrasions, and blunt trauma to the arm and back. The allegations of assault are against four accused persons. There is no specific overt act attributed to the Applicant. The allegations of strangulation by means of a belt, and the allegation of attempt to commit murder are not corroborated, with the injury certificate as the same does not reflect any injury marks on the neck. However, these observations are prima facie in nature and are made only for the purpose of deciding the present application. The same shall not influence the trial Court in any manner.

4 960.ABA-202-2026.doc .

Thus, taking into consideration that the injuries are simple in nature and that the main accused, Yash, against whom there were allegations of assault by means of an iron rod, has already been released on regular bail and other two accused Shraman and another are protected by interim orders passed by this Court, I am inclined to protect the Applicant. The apprehension of the learned APP that the Applicant may flee from the ends of justice can be taken care of by imposing stringent conditions. Hence the following order :

ORDER

(i) In the event of arrest of the Applicant - Aryan Vijayanand Zodape ( Bobby Zodpe In Fir) in connection with Crime No. 747 of 2025 dated 09.12.2025 registered with Nanalpeth Police Station, District Parbhani for the offences punishable under Sections 109, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousands) with two solvent sureties in the like amount, on the following conditions :

(ii) The Applicant is directed to attend Nanalpeth Police Station, District Parbhani on 31st March of 2026 and 1st, 7th, 8th, 14th and 15th April of 2026 between 11:00 am. to 01:00 pm. and thereafter as and when called by the Investigating Officer till filing of the charge-sheet. (iii) The Applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses. (iv) The Applicant shall attend the trial on each and every date unless so exempted by the trial on emergency conditions.

5 960.ABA-202-2026.doc (v) The Applicant shall submit his Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives.

(vi) A single violation of the aforesaid conditions, would entitle the prosecution to seek cancellation of bail of the Applicant on that ground.

(vii) With the aforesaid directions, the application is disposed of. MEHROZ K. PATHAN JUDGE NAJEEB..