Bharat Bachchubhai Bhojaviya And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 841 OF 2026

1. Bharat Bachchubhai Bhojaviya

2. Prem Karsan Bhojaviya ...Applicants V/s.

The State of Maharashtra

...Respondent

Dr. Samarth Shrikant Karmarkar, a/w Adv. Adarsh Ashok Mishra, a/w Mr. Tarun Shailesh Shrivastava, a/w Adv. Shaunak Nandkishor Parulekar i/b Karmarkar & Associates, Advocate for the Applicants. Mr. V. N. Sagare, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

02.04.2026.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicants are apprehending their arrest in Crime No. 275 of 2026 registered at Malad Police Station, for the offences punishable under Sections 115(2), 118(1), 118(2), 351(2), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

It is the case of the prosecution that, on the date of the incident, which took place on 18.02.2026, on the basis of some 1/4

trivial issue, a dispute arose between the first informant on one side and the present applicants and other co-accused on the other side. It is alleged that the present applicants and other co-accused assaulted the first informant by fist and kick blows as well as with a leather belt. Accordingly, the present crime was registered. 4.

I have heard the learned counsel for the applicants and the learned APP for the respondent-State.

5.

The learned counsel for the applicants submits that false allegations are made against the applicants with some ulterior motive. It is submitted that the other co-accused is already released on bail. It is further submitted that no specific overt act is attributed to the present applicants. It is submitted that there is no need of custodial interrogation and nothing is to be recovered at the instance of the applicants. It is further submitted that there are no other criminal antecedents against the present applicants.

6.

On the other hand, the learned APP for the respondentState submits that specific allegations are made against the 2/4

present applicants. It is submitted that considering the nature of crime, the applicants may not be released on anticipatory bail. 7.

I have perused the First Information Report. Prima-facie, the incident does not appear to be premeditated. There are no other criminal antecedents against the applicants. In that view of the matter, I am inclined to release the applicants on anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicants in connection with Crime No. 275 of 2026 registered at Malad Police Station, for the offences punishable under Sections 115(2), 118(1), 118(2), 351(2), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicants be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- each with one or two sureties in the like amount.

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c) Till filing of the charge-sheet, the applicants shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.

d) After filing of the charge-sheet, the applicants shall attend the concerned police station once in a month , i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial. [N.R.BORKAR, J.] 4/4