Gorakh Alias Pintu Laxman Kurule And Another v. The State Of Maharashtra And Another

2026:BHC-AUG:19817 1 909.ABA-565-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 565 OF 2026

1. GORAKH ALIAS PINTU LAXMAN KURULE

2. VICKY @ SONE GOVARDHAN MULE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Salunke Sudarshan J APP for Respondents/State : Mr. S. A. Gaikwad ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 29th APRIL 2026 PER COURT :

1.

Heard the learned Counsel for the Applicants and the learned APP for the State.

2.

The Applicants have approached this Court, seeking anticipatory bail in connection with Crime No.55/2026 registered with Beed City Police Station, District Beed for the offences punishable under Sections 119(1), 118(2), 115(2), 109, 351(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023.

3.

The learned Counsel for the Applicants submits that the Applicants have been falsely implicated in the present crime. The primary allegation of assault on the vital part, namely the head, is attributed to Shankar, who has already been arrested. The role attributed to the Applicants is general in nature, and no specific overt

2 909.ABA-565-2026.doc act is alleged against them except for the assault on Abhishek. The injured witness Abhishek has sustained only a simple injury. The incident appears to be a fallout of a sudden tussle that occurred at the spur of the moment. Furthermore, there is an unexplained delay of eight days in lodging the FIR. The FIR seems to have been filed after much deliberation, and the names of the Applicants have been falsely introduced in the present crime. The Applicants have no criminal antecedents and are ready to abide by any conditions that may be imposed by this Court. Hence, the Applicants may be protected.

4.

As against this, the learned APP strongly opposes the present application on the ground that the delay in filing the FIR has already been explained. The injured witness Nandkishor was required to undergo treatment at Phynix Hospital from the 20.02.2026 to the 23.02.2026, and thereafter at Sahyadri Hospital from the 23.02.2026 to the 27.02.2026. After completing his treatment, the FIR was lodged on the 28.02.2026. Thus, there is no delay in lodging the FIR, and any delay, if at all, stands sufficiently explained. There are eye-witnesses to the incident. There are direct allegations against the Applicants of initially assaulting the complainant Nandkishor and thereafter assaulting the injured witness Abhishek by means of a dangerous weapon. Non-bailable warrants have already been issued by the trial Court, and the process of proclamation is commenced by the prosecution. The offence is punishable with life imprisonment. Hence, this is not a fit case to

3 909.ABA-565-2026.doc release the Applicants on bail.

5.

I have gone through the investigation papers made available by the learned APP. The perusal of the injury certificate of injured witness Nandkishor shows one CLW on the left parietal-temporal region, which is directly attributed in the FIR to the assault made by Shankar Korde. The accused Shankar has already been arrested in connection with the crime. The role of the Applicants is general in nature. There is considerable delay in lodging the FIR, though some explanation has been provided by the Complainant, however the false implication of the Applicants in the present case cannot be ruled out. The Applicants are not having any criminal antecedents and ready to abide by any conditions that may be imposed by this Court. The observations are prima facie in nature and the same shall not influence the trial Court.

Merely because non-bailable warrants have been issued by the trial Court would not preclude this Court from exercising its jurisdiction under Section 482 of the BNS. Hence, I am inclined to protect the Applicants in exercise of discretionary powers under Section 482 BNS.

ORDER

(i) In the event of arrest of the Applicants - Gorakh Alias Pintu Laxman Kurule and Vicky @ Sone Govardhan Mule in connection with Crime No.55/2026 registered with Beed City Police Station, District Beed for the offences punishable under Sections 119(1), 118(2), 115(2), 109, 351(2), 352, 3(5) of Bharatiya Nyaya Sanhita,

4 909.ABA-565-2026.doc 2023, they be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties in the like amount, on the following conditions :

(a) The Applicants shall attend Beed City Police Station, District Beed on every Saturday between 11:00 am. to 01:00 pm. and thereafter as when called by the Investigating Officer, till filing of the charge-sheet.

(b) The Applicants shall not enter the jurisdiction of Beed City Police Station till framing of the charge, except for attending the police station on the aforementioned dates.

(c) The Applicants shall not tamper with the prosecution evidence and shall not influence the witnesses.

(d) The Applicants shall submit their Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of themselves and two of the near relatives.

(e) A single violation of the conditions would entitle the prosecution to seek cancellation of the bail. (ii) The application is allowed in the above terms and stands disposed of.

MEHROZ K. PATHAN JUDGE NAJEEB..