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Bombay High Court

SONU ALIAS YASH SANJAY ALIAS YASHWANT JADHAVversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Court held that the applicant is not entitled to anticipatory bail as the prima facie evidence under Section 109 of the Bharatiya Nyaya Sanhita is sufficient to attribute the offence of attempt to murder.

Summary

The 22‑year‑old applicant sought anticipatory bail for an alleged attempt to murder under Section 109 of the Bharatiya Nyaya Sanhita. The FIR alleged that he assaulted an informant with an iron rod, causing three skull fractures and loss of consciousness. The applicant argued that there were disputes between the parties, possible false implication, no prior criminal record, and a delay in lodging the FIR. The State contended that the injury certificate and witness statements established a prima facie case of attempt to murder. The Court held that the evidence was sufficient, the delay was explainable, and age alone could not merit bail, and therefore rejected the anticipatory bail application.

Issues considered

  • Whether the applicant is entitled to anticipatory bail under Section 109 of the Bharatiya Nyaya Sanhita in view of the prima facie evidence of attempt to murder
  • Whether factors such as the applicant’s age, lack of criminal antecedents, alleged false implication, and delay in filing the FIR justify the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • attempt to murder
  • Section 109
  • Bharatiya Nyaya Sanhita
  • false implication
  • delay in FIR
  • age of accused
  • criminal antecedents

Judgment

2026:BHC-AUG:39976




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                     921 ANTICIPATORY BAIL APPLICATION NO. 1066 OF 2026

                       SONU ALIAS YASH SANJAY ALIAS YASHWANT JADHAV
                                              VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER
                                                 ...
           Mr. Ujwal Subhash Patil, Advocate for Applicant
           Ms. P. J. Bharad, APP for the Respondent/State

                                                      CORAM : R. M. JOSHI, J.
                                                      DATED     : 2nd SEPTEMBER, 2026

           PER COURT :-

           1.    Applicant seeks pre arrest bail in connection with Crime No. 246 of

           2026, registered with Pachora Police Station, District Jalgaon, for the offences

           punishable under Sections 109 of the Bharatiya Nyaya Sanhita.


           2.    The First Information Report lodged on 18.05.2025 from the hospital

           indicates that, on 17.05.2025 at about 07.15 p.m., the present applicant came

           to the spot and assaulted the informant on his head with an iron rod. The

           informant lost consciousness immediately and was taken to the hospital. It

           was found that he had sustained injuries to his head. On the basis of the said

           First Information Report, an offence punishable for an attempt to commit

           murder of the informant came to be registered against the applicant.




           921 ABA 1066.2026.odt                                                     1 of 3
3.    The learned Advocate for the applicant submits that there are disputes

between the parties and, owing to the same, the possibility of false

implication cannot be ruled out. It is his contention that the applicant is aged

about 22 years and has no criminal antecedents. It is, therefore, submitted

that the liberty of the applicant be protected. He undertakes that the applicant

would cooperate with the investigation if he is directed to appear before the

Investigating Officer. He also submits that there is a delay in lodging the First

Information Report.


4.    The learned APP opposed the grant of any protection to the applicant

by referring to the allegations against him in the First Information Report, as

well as the injury certificate on record. According to her, causing three injuries

with an iron rod on the head is sufficient to attract the provisions of Section

109 of the B.N.S.


5.    Though the applicant is aged about 22 years, that by itself cannot be a

ground to grant pre-arrest bail to him if there is evidence indicating his

involvement in the crime of attempt to commit murder. Perusal of the First

Information Report, as well as the statements of the witnesses, indicates that

the incident in question occurred on the fateful day. The applicant assaulted

the informant thrice on his head with a weapon such as an iron rod. The

injury certificate supports the said allegation and indicates that the informant


921 ABA 1066.2026.odt                                                       2 of 3
sustained three fracture injuries to his skull.


6.    Needless to say, the evidence on record is more than sufficient, prima

facie, to attribute the offence of attempt to murder to the applicant. As far as

the delay is concerned, the facts of the case are self-explanatory, indicating

that immediately after the assault, the informant became unconscious and

was taken to the hospital. It was only on the next day, after the informant

regained consciousness, that the report could be lodged.


7.    Having regard to these facts, the applicant is not entitled to any relief.

Hence, the application stands rejected.


                                                      ( R. M. JOSHI, J.)
ssp




921 ABA 1066.2026.odt                                                      3 of 3


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