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Bombay High Court

HANUMAN VAMAN MOREversusSTATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, holding that no specific allegation against the applicant warranted custodial interrogation.

Summary

Hanuman Vaman More applied for anticipatory bail after an FIR was lodged under several sections of the Bharatiya Nyaya Sanhita alleging his participation in a violent assault during a haldi ceremony. The prosecution alleged that the accused, including More, assaulted the informant’s family with sharp iron objects, causing injuries. More contended that the allegation of him being armed was vague, that he caused no serious injury, and that he is a public servant with no criminal record, making custodial interrogation unnecessary. The State argued that More was present at the scene, used dangerous weapons, and that bail should be denied given the seriousness of the offence. The Court found no specific allegation linking More to the use of the weapon, noted that the main accusations were against co‑accused, and considered his public‑servant status and clean record, consequently granting anticipatory bail with standard conditions.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under the Bharatiya Nyaya Sanhita despite allegations of involvement in a serious assault
  • Whether the prosecution’s evidence sufficiently links the applicant to the alleged use of a dangerous weapon

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • assault
  • public servant
  • bail conditions
  • criminal procedure

Judgment

HEMANT
CHANDERSEN
SHIV
                      H.C. SHIV                                                            17-ABA-1399-2026.doc
Digitally signed by
HEMANT
CHANDERSEN SHIV
Date: 2026.06.05
20:46:00 +0300
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                     ANTICIPATORY BAIL APPLICATION NO.1399 OF 2026


                      Hanuman Vaman More                                    …. Applicant
                            Vs.
                      State of Maharashtra                                  …. Respondent


                      Mr. Rahul S. Arote with Tanvi Mahadik with Nikita Gawai with Jay
                      Suryawanshi for the Applicant.
                      Ms. Rashmi Tendulkar, APP for the Respondent-State.
                      Mr. Vijay Sahebrao Dakhore, PSI, Kalyan Taluka police station.


                                                      CORAM : SHYAM C. CHANDAK, J.
                                                      DATED : 3rd JUNE, 2026
                                                              (VACATION COURT)

                      P.C. :-

                      .           Applicant is apprehending his arrest in C. R. No.251 of 2026 under

                      Sections 310, 115(2), 189(2), 191(3), 333, 79, 118(1) of the the Bharatiya

                      Nyaya Sanhita registered with Kalyan Taluka police station on the report

                      dated 12th March, 2026 filed by Dinesh Kashivale.

                      2)          Heard   Mr.Arote,    learned   Counsel   for   the   Applicant      and

                      Ms.Tendulkar, learned APP for the Respondent-State.

                      3)          The prosecution case is that on 11th March 2026, at about 00.30 hours

                      pm, at village Chinchvali, a quarrel occurred during Haldi ceremony on

                      account of which the accused persons, namely, Tushar, Chetan, Sunil and

                      Akshay assaulted the son of the informant. At about 00.45 hours, the



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H.C. SHIV                                                         17-ABA-1399-2026.doc


Applicant and seven others went to house of the informant. Four of them,

caught hold of the hair of informant’s wife and his two daughters, pulled

them out of the house and gave fist and kick blows. Accused Tushar More

snatched the marriage string from the person of the informant’s wife.

Accused Sunil More and co-accused Akshay More snatched the chain from

the person of the informant’s daughters. They also abused the three women.

Therefore, the informant intervened. However, accused Sunil More

assaulted him by means of an iron rod and caused him minor injury.

Accused Tushar snatched the chain and accused Akshay snatched two rings

from the person of informant. Villagers namely Vijay Kashivale and Mahesh

Kashivale came to intervene and stop the quarrel. However, the Applicant,

accused Tushar, Chetan, Sunil and Akshay assaulted the two by means of

sharp iron object over head, back and hands and caused them injuries.

Therefore, the aforesaid crime came to be registered. The Anticipatory Bail

Application filed by the Applicant came to be rejected by the learned

Additional Sessions Judge, Kalyan.

4)          Mr. Arote, the learned Counsel for the Applicant submitted that the

incident has occurred all of sudden. The allegation that the Applicant was

armed with a sharp iron object is vague, contradictory and false. The

Applicant has not caused any serious injury to any of the injured persons.

All the weapons allegedly used in the offence have been recovered.

Therefore, custodial interrogation of the Applicant is not needed. He further

submitted that the Applicant is a public servant and therefore, he has been


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H.C. SHIV                                                           17-ABA-1399-2026.doc


falsely involved in the FIR. Therefore, the Applicant is entitled for bail.

5)          Ms. Tendulkar, learned APP strongly opposed the Application. She

has submitted that the Applicant was present at the spot during the

occurrence. The Applicant and the co-accused have assaulted the victims

with dangerous weapons. Injured Vijay has sustained a grievous injury. As

such, the offence is serious. The custodial interrogation of the Applicant is

essential to recover the weapon he has used in the offence. Therefore, bail

may be refused.

6)          I have considered these submissions. It is alleged in the FIR that

witness Vijay Kashivale and Mahesh Kashivale               were attacked by the

Applicant and other co-accused by means of sharp iron object. However, the

learned APP submitted that, according to witness Vijay Kashivale, the

Applicant was having an iron rod which is contradictory to the FIR. There is

no specific allegation against the Applicant that he had used either of the

said weapon against a specific victim and caused him some injury. As such,

custodial interrogation of the Applicant does not appear necessary. The

main allegations are against the co-accused. After filing of the FIR, the iron

rod and knife are recovered by the I.O. The co-accused Chetan and Karan

have been released on bail. Mr. Arote submitted that the Applicant is a

public servant working with Indian Railways. The Applicant has no criminal

antecedents. He is not likely to tamper with the prosecution evidence and

abscond.

7)          In the wake of above, the Applicant is entitled to be released on bail


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H.C. SHIV                                                               17-ABA-1399-2026.doc


on certain terms. Hence, the following Order :-

            (a)   The Application is allowed.


            (b)   In the event of arrest of the Applicant-Hanuman Vaman More
                  in connection with FIR No.251 of 2026 registered with Kalyan
                  Taluka police station under Sections 310, 115(2), 189(2), 191(3),
                  333, 79, 118(1) of the the Bharatiya Nyaya Sanhita, he shall be
                  forthwith released on bail, on his furnishing P.R. Bond in the
                  sum of Rs.50,000/- with one or two sureties in the like amount.


            (c)   The Applicant shall attend before Investigating Officer at
                  Kalyan Taluka police station from 5th to 7th June 2026 between
                  11.00 am to 4 pm and thereafter as and when required.


            (d)   The Applicant shall not tamper with the prosecution evidence
                  and shall not threaten the prosecution witnesses.


            (e)   The Applicant shall attend each and every date before the trial
                  Court, unless exempted by such Court, and cooperate for
                  expeditious disposal of the said case.


            (f)   The Applicant shall not commit any offence.


            (g)   If the Applicant disobeys any of the above conditions, the
                  anticipatory bail granted herein shall stand cancelled without
                  further reference to this Court or the trial Court.


8)      Application stands disposed of in aforesaid terms.


                                                    (SHYAM C. CHANDAK, J.)

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