Bombay High Court

ROHIT RAVINDRA BARDEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court granted anticipatory bail to the applicant, subject to conditions.

Summary

The applicant, Rohit Ravindra Barde, filed an anticipatory bail application fearing arrest in connection with FIR No. 296/2025 alleging offences under Sections 115(2), 118(1), 119(1), 351(2), 351(3), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR described an assault with a sharp weapon and a crate, but the applicant argued that no specific overt act was attributed to him and highlighted inconsistencies in the description of the weapon used. The respondent opposed bail, citing an injury certificate showing five injuries to the informant. The court examined the FIR and found no explicit allegation against the applicant, noting the material inconsistencies, and therefore allowed the anticipatory bail with standard conditions, including a personal bond of Rs. 15,000 and surety, attendance before police, and non‑interference with witnesses or evidence.

Issues considered

Whether the anticipatory bail should be granted when the FIR does not specifically attribute an overt act to the applicant
Whether the inconsistencies in the FIR regarding the weapon used affect the necessity of bail
Whether the applicant’s criminal history or lack thereof influences the bail decision

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 119(1), 3(5), 351(2), 351(3), 352

Subjects

anticipatory bail
FIR
overt act
inconsistency
Bharatiya Nyaya Sanhita
criminal procedure
bail conditions

Judgment

2026:BHC-AUG:39043
932-ABA-1193-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 1193 OF 2026

Rohit Ravindra Barde
Versus
The State Of Maharashtra And Another

Mr. A. S. Gandhi, Advocate for Applicant
Mrs. P. J. Bharad, APP for Respondents

CORAM : R. M. JOSHI, J.
DATE : AUGUST 29, 2026
P. C. :

1. Applicant apprehends arrest in connection with C.R. No.

296/2025 registered with Police Station Rahata, District Ahilyanagar for the

offences punishable under Sections 115(2), 118(1), 119(1), 351(2), 351(3),

352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. First informant reported occurrence of the incident on

24.07.2025 at about 06.15 pm in which present Applicant and co-accused

said to have assaulted him with sharp weapon and crate lying on the spot.

In the said assault, he sustained injuries.

3. Learned Counsel for the Applicant submits that in the first

information report there is no specific overt-act attributed against Applicant.

It is his submission that having regard to the nature of injuries and reference

with regard to the assault with crate lying on the spot, this is not the case of

custodial interrogation. He claims that Applicant has no criminal history

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932-ABA-1193-2026.odt

behind him.

4. Learned APP opposed grant of any relief to Applicant on the

ground that injury certificate of the Informant shows causing of five injuries

to him.

5. Prima facie perusal of the first information report does not

indicate any overt-act being attributed against the present Applicant. In the

FIR it is stated that the injuries were caused by sharp object as well as by the

crate lying on the spot, however, history recorded before the medical officer

shows the assault with stones and wooden stick. There is material

inconsistency in respect of weapon of assault. Having regard to the fact that

there are no specific allegations against Applicant, he can be directed to

appear before the IO for investigation purpose, if any. Hence, the order:

ORDER

(i) Anticipatory Bail Application is allowed.

(ii) In the event of arrest of the Applicant in connection with C.R.
No. 296/2025 registered with Police Station Rahata, District
Ahilyanagar for the offences punishable under Sections
115(2), 118(1), 119(1), 351(2), 351(3), 352 read with
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, he shall
be released on bail on furnishing PR bond of Rs. 15,000
(Rupees Fifteen Thousand Only) with one surety in the like
amount.

(iii) He shall attend the concerned police station as and when
required.

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932-ABA-1193-2026.odt

(iv) He shall not contact the witnesses directly or indirectly.

(v) He shall not interfere with the evidence in any manner
whatsoever.

(vi) He is further directed to cooperate the investigating agency
for further investigation.

(R. M. JOSHI, J.)
Malani

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