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Bombay High CourtABA/61/2026disposed off

Prashant S/O Jagdish Ukey v. State Of Maharashtra Thr Pso., Ganeshpeth Ps, Nagpur

2026-02-09Hon'Ble Shri Justice M. W. Chandwani3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 61 OF 2026 Abuhuzaifa Makalu Beg @ Bablu ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Adv. Milan Desai for the Applicant.

Mr.P.H. Gaikwad, APP for the Respondent/State. PSI Bhagwan Pawar, Kurar Police Station is present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

13.01.2026.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 829 of 2025 registered at Kurar Village Police Station for the offences punishable under Sections 115(2), 118(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Maharashtra Police Act.

3.

It is the case of the prosecution that on the date of incident, which took place on 24th October 2025, on account of previous dispute the present applicant and other co-accused assaulted the first informant by stick and knife. It is alleged that due to said assault, the first informant sustained grievous injuries. 4.

I have heard the learned counsel appearing for the applicant and the learned APP appearing for the respondent / State. 1/3

5.

Learned counsel for the applicant submits that on the date of alleged incident the first informant in the present crime had assaulted the nephew of the applicant. It is submitted that report was thus lodged against the first informant on the basis of which FIR is registered against the first informant. It is submitted that present false FIR is lodged against the applicant as a counterblast to the said FIR lodged by the nephew of the applicant against the first informant. Learned counsel for the applicant submits that there are no other criminal antecedents against the applicant. 6.

On the other hand, learned APP for the respondent /State submits that the applicant and other co-accused assaulted the first informant with the knife. It is submitted that considering the nature of crime, the applicant may not be released on anticipatory bail.

7.

The alleged assault with the knife is attributed to the coaccused. There are no other criminal antecedents against the applicant. Considering the overall facts and circumstances, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No.829 of 2025 registered at Kurar Village Police Station for the offences punishable under Sections 115(2), 118(1), 352, 2/3

351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Maharashtra Police Act, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount. C) The applicant shall attend the concerned police station as and when called by the Investigating Officer and shall cooperate in the investigation.

[N.R.BORKAR, J.] 3/3