Mayur Alias Pravin Sunil Aswar And Another v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 926 ANTICIPATORY BAIL APPLICATION NO. 514 OF 2026 1.

Mayur @ Pravin Sunil Aswar, Age; 27 years, Occ; Agril, 2.

Panjak Sunil Aswar, Age; 25 years, Occ; Agril, Both R/o; Waki Post Shirala, Tq. Ashit, Dist. Ahilyanagar.

...APPLICANT (Original Accused No. 2)

VERSUS

1. The State of Maharashtra Through its Investigation Officer, Mirajgaon Police Station, Tq. Karjat, Dist. Ahmednagar.

2. The Superintendent of Police, Ahmednagar.

...RESPONDENTS ...

Advocate for Applicants : Mr. Patekar Narendra B. APP for Respondents/State : Mr. A.S. Shinde ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 18.04.2026.

PER COURT :

1.

Heard the learned Counsel for the respective parties. 2.

The Applicants have approached this Court, seeking anticipatory bail application in connection with Crime No. 62 of 2026, registered with Mirajgaon Police Station, Tq. Karjat, District

Ahmednagar, for the offences punishable under Sections 118 (2), 115

(2) 351, 352, 3 (5) of the Bhartiya Nyaya Sanhita, 2023 (for short " B.N.S.").

3.

Insofar as Applicant No. 1 -Mayur @ Pravin Sunil Aswar is concerned, as this Court was not inclined to grant interim relief to the said applicant, in view of the direct allegations of assault on the vittal part attributed to him, the application against applicant No. 1 is disposed of as withdrawn vide order dated 27.03.2026. 4.

The aforesaid offence came to be registered on the basis of FIR lodged by Ashok Macchindra Aswar, resident of Waki, Tal. Ashti, Dist. Beed. It is alleged that on 01.02.2026 at about 10.15 a.m. he had been to Kedare Vasti, Mirajgaon, near Hotel Rajyog for his personal work. At that time both applicants abused him on the ground that informant is supplying information of the applicants to the Ashti Police Station. Further they threatened to kill him. The applicant Mayur gave blow of iron rod on the face of the informant and applicant Pankaj gave blow of plastic pipe on knee of the informant and thereby caused fracture injury to his nose. The informant was initially admitted to Primary Health Center Mirajgaon and thereby referred to Civil Hospital, Ahilyanagar for further treatment and has undergone surgery of nose and after discharge he lodged the report.

5.

The learned Counsel for the applicant submits that the present FIR is fall out of the earlier FIR registered against the Complainant Ashok Aswar and other family members by Swapnil Warkade who went to the field of the Pankaj Aswar for carrying the development work through the JCB machine. The FIR in that case was registered by Swapnil Warkade against the present Complainant Ashok Aswar bearing FIR No. 515 of 2025 dated 09.11.2025. Even without admitting the allegations to be true, the applicant No. 2 is alleged to have assaulted the Complainant by means of Plastic Pipe that too on the legs, whereas, the other co-accused Mayur is alleged to have assaulted the complainant by means of Iron Rod on the vital part of the complainant. The application of Mayur is already withdrawn. The injuries sustained by the Complainant are simple in nature. The applicant is not having any criminal antecedents and is ready to abide by any conditions that may be imposed by this Court, hence the applicant may be released on anticipatory bail. 6.

As against this the learned App strongly opposed the Bail Application on the ground that the applicant is involved in the serious offence of voluntarily causing grievous hurt, by means of dangerous weapon i.e. plastic pipe. There is specific role attributed to the applicant in the FIR wherein the applicant is alleged to have assaulted the Complainant by means of Plastic Pipe on his legs. The injury certificate corroborates the allegations as there is every

likelihood that if the applicant is released on bail, he may again commit offences, in the like nature and thereby threaten the Complainant and cause prejudice to the prosecution case. 7.

I have gone through the investigation papers made available by the learned APP. A perusal of the injury certificate shows that the injuries sustained by the Complainant on his nose is grievous in nature. However, the same is attributed to the applicant No. 1 Mayur, who has withdrawn the application vide order dated 27.03.2026 passed by this Court. The role attributed to the applicant is to have allegedly caused simple injuries. The applicant has no criminal antecedents and he is ready to abide any conditions that may be imposed by this Court. The apprehension of the learned APP can be taken care by imposing the stringent conditions upon the applicant, thus, I am inclined to exercise powers vested under Section 482 of the BNSS to protect the applicant. Hence the following order :

ORDER

(1) In the event of arrest of the Applicant No. 2 Pankaj Sunil Aswar - in connection with Crime No. 62 of 2026 registered with Mirajgaon Police Station, Tq. Karjat, District Ahmednagar, for the offences punishable under Sections 118 (2), 115 (2) 351, 352, 3 (5) of the B.N.S., 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 :

(i) The applicant Pankaj Aswar is directed to attend Mirajgaon Police Station, District Ahmednagar on 22nd, 23rd, 29th and 30th April 2026 in between 11:00 am. to 01:00 pm. and co-operate with the Investigating Officer and thereafter present himself as and when called by the Investigating Officer till filing of the charge-sheet.

(ii) The Applicant Pankaj Aswar shall not enter the jurisdiction of the Mirajgaon Police Station, Tq. Karjat, District Ahmednagar till filing of the charge-sheet.

(iii) The Applicant Pankaj Aswar is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses.

(iv) The Applicant Pankaj Aswar shall submit his Aadhar Card and PAN Card to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives.

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

(vi) With the aforesaid directions, the application is disposed of.

( MEHROZ K. PATHAN, J. ) mahajansb/