Pawan Lalbahadur Dubey v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL CRIMINAL BAIL APPLICATION NO.185 OF 2026 by VASANT ANANDRAO IDHOL Date: 2026.04.01 11:34:23 +0530 Pawan Lalbahadur Dubey ...Applicant V/s.

State of Maharashtra & Anr.

..Respondents Mr.R.C. Mishra i/b Mr.Brahmesh B. Pandey for the Applicant. Mr.S.K. Gajar, APP for the State - Respondent. CORAM : R.M. JOSHI , J.

DATE : 30TH MARCH, 2026.

P.C. :- 1.

This Application is for regular bail in connection with Crime No.530 of 2025 registered with M.H.B. Colony Police Station, Boriwali (W), Mumbai for the offences punishable under Sections 109, 115(2), 118(1), 118(2), 351 (3), 352 of Bhartiya Naya Sanhita, 2023 (BNS) with Sections 37(1), 135 of Maharashtra Police Act.

2.

It is the case of the prosecution that an incident occurred on 6th August, 2025, in which the Applicant is said to have brought knife and caused assault on three persons. In the 1/5

said incident, one of the injured sustained grievous injurious on account of the stab blow given by the Applicant to him. The Applicant came to be arrested in connection with the said crime. Now investigation is complete and chargesheet is filed. 3.

Learned counsel for the Applicant submits that there is counter report lodged in respect of the same incident on behalf of the Applicant. It is his contention that as per the record in the present chargesheet, the Applicant had sustained injuries in the said incident and was indoor patient for four days. He further argues that there is no recovery of knife at the instance of the Applicant and hence it is doubtful as to whether the Applicant had bought the knife to cause assault on the injured or vice-aversa. It is his submission that the Applicant has no criminal history and he is not likely to flee from justice. According to him, the trial is not likely to get over within a reasonable period of time and that the Applicant cannot be kept in jail by way pretrial sentence. 4.

Learned APP opposed the Application by pointing out the FIR which according to her indicates that the Applicant 2/5

came to the spot with knife and caused assault on three injured persons. He further drew the attention of the Court to the injury certificate of Rajesh Yadav indicating five injuries were caused to him out of which there were three stab injuries which were grievous in nature. It is submitted that having regard to the seriousness nature of offence, it is not a case for grant of bail. 5.

Perusal of the record prima-facie indicates that in the incident in question, the injured as referred in the FIR, as well as the present Applicant sustained injuries. Both sustained injuries with knife. Knife has been recovered from the spot. The recovery of the knife therefore, is not attributed to either side. In such circumstances, it is pertinent to note that the Applicant was indoor patient for four days. This therefore creates a doubt as to whether the Applicant was aggressor or the other side. All these issues are matter of decision in the trial.

6.

Now the chargesheet is filed. The Applicant cannot be kept in jail by way of pre-trial sentence. He has no criminal history. He is not likely to flee from justice. 7.

Learned APP submits in case bail is granted to the 3/5

Applicant, he is likely to pressurize the injured witnesses and other witnesses. Learned counsel for the Applicant on instructions makes statement that the Applicant will not enter into the jurisdiction of M.H.B. Colony Police Station, Boriwali (W), Mumbai till conclusion of trial. Hence the following order :- O R D E R :

a).

The Application stands allowed.

b).

The Applicant be enlarged on bail in connection with Crime No.530 of 2025 registered with M.H.B. Colony Police Station, Boriwali (W), Mumbai on furnishing PR bond of Rs. 15,000/- with one surety in the like amount to the satisfaction of the Trial Court.

c).

The Applicant not to contact informant or injured witnesses directly or indirectly in any manner whatsoever. d).

As undertaken, the Applicant not to enter the jurisdiction of M.H.B. Colony Police Station till conclusion of trial.

e).

It is clarified that above observations are prima-facie in 4/5

nature and would not bind Trial Court / parties during trial. (R.M. JOSHI, J.) 5/5