Aadesh Kashinath Mhatre v. The State Of Maharashtra

1 931-ABA 779-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.779 OF 2026 Aadesh Kashinath Mhatre ... Applicant Vs.

The State of Maharashtra ... Respondent ----- Mr. Shubham Gharbudve a/w Reshma Bhopi, Snehal Sapkale for the Applicant.

Mr. P. H. Gaikwad, APP for the Respondent-State. PSI Mahendra Tayade, Hill Line PS is present. ----- CORAM :

N.R. BORKAR, J.

DATE :

26TH MARCH 2026 P.C. :

1.

Mentioned out of turn.

2.

This is an Application for anticipatory bail. 3.

The Applicant is apprehending his arrest in Crime No.30 of 2026 registered with Hill Line Police Station, Thane City for the offences punishable under Sections 118(2), 118(1), 115(2), 189(2), 190, 191(2) of the Bharatiya Nyaya Sanhita, 2023.

4.

The present Applicant is Accused No.9. There was a dispute between Accused No.1 and the first informant in relation to the construction contract. It is alleged that on account of the said dispute, on the date of incident, which took place on 20st January 2026, the present Applicant along with other co-accused assaulted the first informant and

2 931-ABA 779-26.doc other injured in the present crime with sticks and rods. It is alleged that due to the said assault, the first informant sustained grievous injury. Accordingly, the present crime came to be registered. 5.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

6.

Learned Counsel for the Applicant submits that the motive for the alleged crime is attributed to Accused No.1. It is submitted that general allegations are made against the present Applicant and no specific overt act is attributed to the present Applicant. It is submitted that there are no other criminal antecedents against the present Applicant. 7.

On the other hand, Learned APP for the Respondent-State submits that the Applicant was part of the unlawful assembly and assaulted the first informant and other injured. It is submitted that considering the nature of crime, the Applicant may not be released on anticipatory bail. 8.

I have perused the FIR. The motive for the crime is attributed to Accused No.1. There are no other criminal antecedents against the present Applicant. Considering the overall facts and circumstances of the case, I am inclined to release the Applicant on anticipatory bail on certain conditions. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.30 of 2026 registered with Hill Line Police Station, Thane City for

3 931-ABA 779-26.doc the offences punishable under Sections 118(2), 118(1), 115(2), 189(2), 190, 191(2) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

iii. The Applicant shall attend the concerned Police Station as and when called by the investigating officer and shall co-operate in the investigation.

9.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)