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Bombay High CourtABA/267/2026disposed off

Harsh Alias Yash Ashok Mohite v. The State Of Maharashtra And ANR.

2026-05-12Hon'Ble Shri Justice Mehroz Ashraf Khan Pathan3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 267 OF 2026 Harsh Alias Yash Ashok Mohite ...Applicant

Versus

The State Of Maharashtra And Anr.

...Respondents

.....

Adv. Abhiske Ingale i/by Adv. Parth Pitambare, for Applicant. Mr. Nitin B. Patil, learned APP for the Respondent-State. Mr. P. R. Sutar (HC), Palus Police Station, present. .....

CORAM : PRAVIN S. PATIL, J.

DATE : 12th May, 2026.

(Vacation Court) P.C. :

1.

Heard.

2.

Issue notice to the respondents.

3.

The learned APP waives notice for respondent-State. 4.

By this application, the applicant, who is accused No.6, is seeking pre-arrest bail in Crime No.62 of 2026 registered with Palus Police Station, Dist. Sangli, for the offences punishable under Sections 119(1), 118(1), 115 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 5.

The learned counsel appearing for the applicant has mainly

pointed out that in the FIR which is registered in the matter, there is no role attributed to the present applicant and consequently his name is not mentioned in the complaint.

6.

The perusal of the FIR, it is clear that the complainant has made allegations only against the Akshay Kadam and Jaydeep kadam. No role is attributed to the present applicant.

7.

The learned APP for the respondent-State has strongly opposed the present application. He has pointed out the statement of the Wasim Pathan, who has stated that the present applicant was involved in the incident.

8.

From the perusal of the Police Case Diary, it is evident that the Investigating Officer has verified the CCTV footage regarding the presence of the accused persons. However, the name of the applicant is nowhere reflected therein, nor has any role is attributed to him in the incident in question.

9.

It is further pertinent to note that in the present case, victim is a complainant. He has not made any allegation against the applicant. So also the applicant name is also not recorded in FIR. 10.

In that view of the matter, there shall shall be ad-interim relief in terms of prayer clause (c).

11.

The applicant is directed to attend the concerned Police Station every Monday, Wednesday and Saturday of week between 11:00 a.m. to 2:00 p.m and co-operate with the Investigating Officer. 12.

List this matter on 10th June 2026.

[ PRAVIN S. PATIL, J.]