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
- Bharatiya Nyaya Sanhita — s. 109
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.
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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
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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
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