Bombay High Court

DEVIDAS LAXMAN PRADHAN AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The court held that the lack of prima facie evidence linking the applicants to the alleged assault, coupled with the admitted non‑participation of Applicant 3, warranted the grant of anticipatory bail.

Summary

The applicants, Devidas Laxman Pradhan and others, applied for anticipatory bail in connection with Crime No. 197/2026, alleging offences under several sections of the Bharatiya Nyaya Sanhita. The FIR was lodged on 29 March 2026 for an incident that occurred on 24 March 2026, alleging that Applicants 1 and 2 assaulted Rohit and Kailas, while Applicant 3 was present with a weapon but did not assault anyone. The applicants argued that the delay in filing the FIR raised a risk of false implication, and Applicant 3 admitted no assault. The State contended that injury certificates and eye‑witness statements supported the allegations and that the applicants were armed. The court found no prima facie evidence linking Applicants 1 and 2 to any injury and accepted Applicant 3’s admission, granting anticipatory bail with conditions including a personal bond, non‑contact with witnesses, and cooperation with the investigation.

Issues considered

Whether the delay in lodging the FIR creates sufficient doubt to justify anticipatory bail.
Whether the injury certificate and eye‑witness statements constitute adequate grounds to deny anticipatory bail.
Whether the applicants can be released on bail pending investigation for the offences under the Bharatiya Nyaya Sanhita.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109(1), 118(1), 189(2), 190, 191(2), 191(3), 351(2), 351(3), 352

Subjects

anticipatory bail
delay in FIR
false implication
Bharatiya Nyaya Sanhita
bail conditions
witness tampering
criminal procedure

Judgment

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

          38 ANTICIPATORY BAIL APPLICATION NO. 1083 OF 2026

                 DEVIDAS LAXMAN PRADHAN AND OTHERS
                                   VERSUS
                THE STATE OF MAHARASHTRA AND ANOTHER
                                      ...
Mr. Mahesh P. Kale, Advocate for Applicants
Ms. R. P. Gour, APP for the Respondent/State

                                          CORAM : R. M. JOSHI, J.
                                          DATED    : 5th OCTOBER, 2026

PER COURT :-

1.    Applicants seek pre-arrest bail in connection with Crime No. 197/2026,

registered with Georai Police Station, District Beed, for the offences

punishable under Sections, 109(1), 118(1), 189(2), 190, 191(2), 191(3),

352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita.


2.    The First Information Report came to be lodged on 29.03.2026 in

respect of an incident which occurred on 24.03.2026 at about 06:00 p.m. The

allegation of assault on the Informant-Sandip and witness Bunty is against the

co-accused and not against the present Applicants. As far as the present

Applicants are concerned, the allegation is that Applicant Nos. 1 and 2

assaulted Rohit and Kailas, whereas Applicant No. 3 was present at the spot

with a weapon.



38 ABA 1083.2026.odt                                                    1 of 3
3.    Learned Advocate for the Applicants submits that there is a delay in

lodging the First Information Report, which creates a possibility of false

implication/over-implication. According to him, Applicant No. 3 has

admittedly not caused assault to anyone and, as such, the interim relief

granted to him deserves to be confirmed.


4.    Learned APP opposed the grant of any protection to the Applicants by

referring to the allegations against them in the First Information Report,

which, according to her, are supported by the injury certificate on record as

well as the statements of the eye-witnesses. She further submits that the

Applicants are stated to have carried weapons and, therefore, they are

required to be directed to appear before the Investigating Officer.


5.    Prima facie, perusal of the record does not indicate any injury caused to

Rohit which is attributable to Applicant Nos. 1 and 2. As far as Applicant No.

3 is concerned, admittedly, he has not caused assault to anyone. Hence, the

following order:

                                    ORDER

             (i) Application of Applicant No.3 is allowed in terms of
             interim order dated 29.06.2026.

             (ii) Application of Applicant Nos.1 and 2 is allowed in
             following terms.




38 ABA 1083.2026.odt                                                     2 of 3
            (a) In the event of arrest of Applicant Nos.1 and 2 in
            connection with Crime No. 197/2026, registered with Georai
            Police Station, Dist. Beed, for the offence punishable under
            Sections 109(1), 118(1), 189(2), 190, 191(2), 191(3), 352,
            351(2), 351(3) of Bharatiya Nyaya Sanhita, they shall be
            released on bail on furnishing PR Bond of Rs.15,000/-
            (Rupees Fifteen Thousand only) each with one solvent surety
            in the like amount.

            (b) They shall not contact the witnesses directly or
            indirectly.

            (c) They shall not interfere with the evidence in any
            manner whatsoever.

            (d) They are further directed to cooperate the investigating
            agency for further investigation.

            (e) Applicant Nos.1 to 3 are directed to appear before the
            Investigating Officer on 07.10.2026 and 09.10.2026 between
            11.00 a.m. to 1.00 p.m.

            (f)    Learned APP for the Respondent/State to communicate
            this order to the concerned Police Station.


                                                  ( R. M. JOSHI, J.)
ssp




38 ABA 1083.2026.odt                                                   3 of 3

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