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Bombay High CourtABA/358/2026allowed

Muskan Shankar Khandekar v. State Of Maharashtra

2026-02-20Hon'Ble Shri Justice Madhav J. Jamdar5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.358 OF 2026 Muskan Shankar Khandekar ... Applicant V/s.

State Of Maharashtra ... Respondents ____________________________________ Mr. Ravi Jadhav (Through V.C.) a/w Mr. Vignesh Ashokan, Advocate for the Applicant.

Ms. G. P. Mulekar, APP for the State.

____________________________________

CORAM

: MADHAV J. JAMDAR, J.

DATED : 20th FEBRUARY 2026 P.C.:

1.

Heard Mr. Jadhav, learned Counsel appearing for the Applicant and Ms. Mulekar, learned APP appearing for the State. 2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking prearrest bail in connection with C.R. No.205 of 2025 registered with Khadaki Police Station, Pune City, Pune for the offences punishable under Sections 109, 126(2), 115(2), 352, 351(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

The prosecution case is set out in Paragraph No.2 of order dated 7th November 2025 passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.4692 of 2025, which read as under:- "2] In short facts leading to the registration of crime No.205 of 2025 for offences under Section 109, 126(2), 372, 371(1), 3(7) of BNS at Khadki Police station are that the injured and the accused No 1, 3 and 4 are neighbors. The informant injured runs a laundry shop and on account of drainage water there is dispute between him and accused No.1. On 07/07/2025 the accused No.1 threatened to kill him therefore he had lodged complaint at Khadki Police Station on which police called him and gave understanding. The accused was angry due to it and on 08/07/2025 at about 7:30 a.m. informant/injured was going out for work, accused Nos.

1 and 2 abused him charged at him, accused No.2 hit him by brick which caused injury on his left upper arm. At the same time the accused No.1 picked up an iron rod kept out of his house and hit on his bead. He also raised the rod for second assault which he prevented by hand, when altercation between them was going on the accused No.3 i.e. father of accused No.1 and accused No.4 who is wife of the accused No.1 came on the spot. The accused No.4 caught him by both her hands and then the remaining three accused assaulted him by kicks and fist blows. Because of the injury on his head caused by the rod he felt giddiness, bleeding was there, when he screamed for help his wife Rajkumari, brother Rakesh and brother's wife Pramila came to his help but the accused No.

1 hit them also by rod which resulted in a bleeding injury on the left hand of his wife. At That time accused Nos.1 and 4 prevented his brother's wife by catching them and assaulting them by kicks and fist blow. Some how they rescued themselves from the clutches of the accused and started running towards police station but the accused No.1 and 3 accused No.

which resulted in registration of crime under above sections."

4.

It is the submission of Mr. Jadhav, learned counsel appearing for the Applicant that the Applicant is not involved in the crime. He further submits that there is a cross FIR being CR.No.206 of 2025 registered with Khadaki Police Station, Pune City, Pune for the offences punishable under Sections 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS"). He submits that the charge sheet is already filed and injuries are simple in nature.

5.

On the other hand, Ms Mulekar, learned APP strongly opposes the Application. She submits that the Applicant is involved in the crime and the crime is very serious.

6.

Perusal of the record shows that there are cross FIR. Charge sheet is already filed. The Applicant is a lady.

7.

Accordingly, in the facts and circumstances, case is made out for grant of Anticipatory Bail. In view thereof following order is passed.

O R D E R

(i) In the event of arrest, the Applicant - Muskan Shankar Khandekar in connction with C.R. No.205 of 2025 registered with Khadaki Police Station, Pune City, Pune she be released on bail on executing P.R. bond of Rs.25,000/- and furnishing one or two sureties in the like amount. (ii) The Applicant shall attend the Khadaki Police Station, Pune City, Pune as and when called by the Police and shall co-operate with the investigation.

(iii) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (iv) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(v) The Applicant shall not leave India without prior permission of the Court.

(vi) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner.

8.

The Anticipatory Bail Application is allowed and disposed of accordingly.

( MADHAV J. JAMDAR, J.)