Diljit Singh Manjit Singh Labana v. The State Of Maharashtra

P.H. Jayani 08 ABA1409.2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1409 OF 2026 Diljit Singh Manjit Singh Labana .... Applicant Vs.

The State of Maharashtra .... Respondent Mr. Kuldeep Patil i/b. Ms. Saili Dhuru for the Applicant. Mr. Tanveer Khan for the Respondent - State.

Mr. Mohit Ahuja (through VC) a/w. Mr. Rajesh Ranglani for the Intervenor. Mr. Dipak Yadav, PSI, Ulhasnagar Police Station, present. CORAM : SHYAM C. CHANDAK, J.

DATED : 29th MAY, 2026 (VACATION COURT) P.C. :- 1) The Applicant apprehends his arrest in C.R.No.1002/2025 registered with Ulhasnagar Police Station, Dist. Thane, for the offences punishable under Sections 109, 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 37(1) and 135 of the Maharashtra Police Act, 1951 on the report dated 08/12/2025 filed by Jay @ Jockey Purshottam Aalamchandani.

2) Heard learned Counsel for the respective parties. Perused the record.

3) The prosecution case is that on 08/12/2025, at about 04:00 p.m., the first informant was riding on a bike along with his daughter. When his bike arrived near Dholuram Darbar, Ulhasnagar - 1, suddenly, the car driven by of the Applicant passed over his bike in a high speed. The 1/5

P.H. Jayani 08 ABA1409.2026.doc informant, therefore, shouted at the Applicant to slow down his car. However, the Applicant raised a dispute with the informant. Then, the informant parked his bike. At that juncture, the Applicant and his coaccused Gurmeet Singh alighted from the car and started beating the informant giving him fist blows. Then the Applicant sat in the car. Therefore, the informant questioned the Applicant for assaulting him. At that juncture, the co-accused Gurmeet Singh caught hold of the informant from his behind and pulled him. The Applicant threatened the informant that he will kill him, stabbed him over the stomach and caused him grievous injuries. Initially, the informant was taken to the Government Hospital and later on he was shifted to Shraddha General Hospital.

On information, police attended the informant and recorded his statement, therein, he narrated the incident as above. During investigation, police arrested the coaccused Vicky Multani, who was present in the car. Said Vicky Multani has been released on bail by the Sessions Court. The co-accused Gurmeet Singh has been granted Anticipatory Bail by this Court. The Anticipatory Bail Application filed by the Applicant came to be rejected by the Sessions Court. Hence, this Application.

4) Mr. Patil, the learned Counsel for the Applicant submitted that the informant has suppressed the material facts. According to him, the incident has occurred all of a sudden and on account of the aggression by the informant. Therefore, this is not a case of the offence of Section 109 of the Bharatiya Nyaya Sanhita, 2023. To substantiate this submission, Mr. 2/5

P.H. Jayani 08 ABA1409.2026.doc Patil has pointed out at the transcription of the CCTV recording. In addition, Mr. Patil submitted that after the incident, the Applicant had allegedly abandoned the car at some restaurant from where the police seized that car along with the alleged knife used in the offence, which was found kept in the car. As such, custodial interrogation of the Applicant is not necessary for recovery of weapon of the offence. Therefore, this is a fit case the Applicant can be granted Anticipatory Bail. 5) Taking exception of the aforesaid submissions, Mr. Tanveer Khan, the the learned APP submitted that the FIR indicates that only on the trivial issue, the Applicant removed the knife from his car and stabbed the informant on the vital parts of the body.

Therefore, this is a clear case of the offence under Section 109 of BNS which is obviously serious. The Applicant has antecedent of having committed an offence under Section 307 of IPC. Therefore, the Applicant is not entitled for bail. Mr. Ahuja, the learned Counsel for the informant has strongly opposed the Application. His submissions are identical to the submissions made by the learned APP. 6) I have considered the submissions and perused the record. Looking at the material on record, I find substance in the submissions made by Mr. Patil, the learned Counsel for the Applicant. 7) In this regard, the transcription of CCTV in question revealed that when the vehicles came close to each other, the informant and the Applicant stopped their vehicle. Thereafter, the informant parked his bike in front of the car.

P.H. Jayani 08 ABA1409.2026.doc the car and started talking with the informant. Then, the Applicant returned back and sat in the car. However, the informant went to the Applicant and started pulling him out of the car. Therefore, co-accused Gurmeet pulled the informed from his behind. Then the three involved in a scuffle and assaulted each other. During that scuffle, the Applicant removed a knife and stabbed the informant. The Applicant also kicked the informant on the chest and slapped him over the cheek.

8) The aforesaid facts and circumstances indicates that, the incident has occurred all of a sudden. The assault on the informant was not premeditated or planned. Therefore, whether the Applicant has committed the offence of attempt to murder is a question of trial. The weapon of the offence is already seized by the police. Therefore, custodial interrogation of the Applicant is not necessary in this case. Charge-sheet is already filed against the co-accused. No doubt, the Applicant has criminal antecedents, one of Section 307 IPC and another under Section 281 of BNS. However, he is on bail in both the said offences. In view thereof, the Applicant deserves for Anticipatory Bail . Hence, the following Order :- (a) The Application is allowed.

(b) In the event of the arrest of the Applicant - Diljit Singh Manjit Singh Labana in connection with C.R.No.1002/2025, under Sections 109, 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 37(1) and 135 of the Maharashtra Police Act, 1951, registered with Ulhasnagar Police Station, Dist. Thane, he shall be forthwith released on 4/5

P.H. Jayani 08 ABA1409.2026.doc bail, on his furnishing P.R. bond in the sum of Rs.50,000/- with one or two sureties in the like amount.

(c) The Applicant shall attend at Ulhasnagar Police Station on 1st date of each calender month till the trial in the said crime is over.

(d) The Applicant shall not tamper with the prosecution evidence and shall not threaten the prosecution witnesses.

(e) The Applicant shall furnish his address and contact details to the Police Station and a change therein, if any. (f) The Applicant shall not commit any offence.

(g) If the Applicant disobeyed any of the above conditions, the anticipatory bail granted herein shall stand cancelled without further reference to this Court or the trial Court.

9) Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2026.05.29 21:07:30 +0530 5/5