Created by Fuzzy Cloud

Bombay High Court

MANGESH BAJIRAO KHALSE AND ANRversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court allowed the anticipatory bail application, ordering release on bail with a personal bond and sureties, and held that custodial interrogation was not required.

Summary

The applicants, Mangesh Bajirao Khalse and Deepak Chandrakant Rakshe, sought anticipatory bail in connection with Crime No. 104 of 2026, alleged to involve assault, attempted murder, and theft under Sections 309(6), 311 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that on 3 February 2026 the applicants attacked a complainant and his friend, stole a gold chain and a mobile phone, and used a fighter and iron rod. The applicants argued that there was a four‑day delay in lodging the complaint and that they have no prior criminal record, so custodial interrogation was unnecessary. The State contended that the seriousness of the offences required interrogation to recover the stolen items. The Court, noting the delay and lack of antecedents, held that custodial interrogation was not required and granted anticipatory bail on condition of a Rs.30,000 personal bond and sureties, directing the applicants to cooperate with police as required, and clarified that the trial court would decide the case on its merits.

Issues considered

  • Whether anticipatory bail should be granted to the applicants under the Bharatiya Nyaya Sanhita, 2023.
  • Whether custodial interrogation is necessary given the four‑day delay in filing the complaint.
  • Whether the seriousness of the alleged offences warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • custodial interrogation
  • delay in complaint
  • assault
  • theft
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                                                                                        18-ABA-1046-2026 (CR).doc


                             S.S.Kilaje


                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CRIMINAL APPELLATE JURISDICTION
                                             ANTICIPATORY BAIL APPLICATION NO. 1046 OF 2026

                                   1. Mangesh Bajirao Khalse
                                   2. Deepak Chandrakant Rakshe                             … Applicants

                                   VERSUS

                                   The State Of Maharashtra                          … Respondent
                                   _________________________________________________________________
SONALI by
          Digitally signed
          SONALI
                                   Mr. Aniket Vagal a/w. Ms. Savvy Kolhekar and Ms. Juhi Kadu, Advocate
       SATISH KILAJE
SATISH Date:
       2026.06.29                  for Applicants.
KILAJE +0700
       17:02:14


                                   Mr. B. B. Kulkarni, APP for the Respondent-State.
                                   _________________________________________________________________

                                                                        CORAM       :   SHIVKUMAR DIGE, J.
                                                                        DATE        :   25th JUNE, 2026.
                                   P.C. :

                                   1.         The applicants are apprehending arrest in Crime No. 104 of

                                   2026 registered with Nashik Road Police Station, for the offences

                                   punishable under Sections 309(6), 311, 3(5) of Bharatiya Nyaya Sanhita,

                                   2023 (for short “BNS Act”).

                                   2.         It is prosecution’s case that on 03.02.2026, applicants and co-

                                   accused assaulted the first informant and his friend with fighter, iron rod,

                                   fist and kick blows and snatched their gold chain and mobile phone.

                                   3.         It is contention of learned counsel for the applicants that there

                                   is a delay of four days in lodging the complaint. Initially, applicants lodged

                                   a complaint against the first informant and thereafter, to counter it, the

                                   present complaint is filed. Applicants have no antecedents. Considering


                                                                    Page 1 of 3
                                                             18-ABA-1046-2026 (CR).doc


S.S.Kilaje


      this fact, their custodial interrogation is not required and requested to

      allow the application.

      4.            It is contention of learned APP that applicants assaulted the first

      informant and his friend with intention to kill them. They snatched their

      gold chain and mobile phone.           Hence their custodial interrogation is

      required to recover the gold chain, mobile phone and the weapons used in

      the crime and requested to reject the application.

      5.            I have heard both the learned counsel.          Perused FIR and

      documents produced on record. It appears from record that initially, the

      applicants lodged a complaint against the first informant. Thereafter, the

      present complaint was lodged by the first informant. There is a delay of

      four days in lodging the complaint. Considering this fact, custodial

      interrogation of the applicants is not required and I pass following order.

                                           ORDER

              i.     In the event of his arrest in connection with investigation of

                     Crime No. 104 of 2026 registered with Nashik Road Police

                     Station, the applicants shall be released on bail on executing a

                     P. R. Bond in the sum of Rs.30,000/- each, with one or two

                     solvent sureties in the like amount.

              ii.    The applicants shall attend the concerned police station as and

                     when required.


                                          Page 2 of 3
                                                         18-ABA-1046-2026 (CR).doc


S.S.Kilaje


              iii. It is made clear that the above observations are made only for

                  the purpose of granting bail and the Trial Court shall decide

                  the case on its own merits in accordance with law and

                  uninfluenced by the observations made in this order.

      6.         The application is allowed in the aforesaid terms and is

      accordingly disposed of.

      7.         All concerned to act on the authenticated copy of this order.




                                                    (SHIVKUMAR DIGE, J.)




                                      Page 3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.