Bombay High Court

MANGAL GIRDHAR GUJARversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The Court allowed the anticipatory bail application, directing release on bond with conditions.

Summary

Mangal Girdhara Gujar applied for anticipatory bail in connection with Crime No. 0097/2026, alleging assault on an informant. The FIR charges him under multiple sections of the Bharatiya Nyaya Sanhita and the Maharashtra Police Act. The applicant contended that a prior counter‑report and CCTV footage show he was not present at the scene, arguing over‑implication and that no weapon was used, making custodial interrogation unnecessary. The State opposed bail, relying on the FIR and the informant's injury certificate. The Court found the applicant's presence doubtful, noted the lack of weapon allegation, and consequently granted anticipatory bail with a cash bond and standard conditions.

Issues considered

Whether anticipatory bail should be granted to the applicant despite the FIR charges.
Whether there is sufficient material to justify arrest of the applicant.
Whether the applicant has been over‑implicated in the alleged assault.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 125, 189(2), 190, 191(2), 191(3), 351(2), 351(3), 352
Maharashtra Police Act — s. 135, 37(1), 37(3)

Subjects

anticipatory bail
over‑implication
assault
bail conditions
criminal procedure
Bharatiya Nyaya Sanhita
Maharashtra Police Act

Judgment

2026:BHC-AUG:43668




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                     29 ANTICIPATORY BAIL APPLICATION NO. 1489 OF 2026

                                     MANGAL GIRDHAR GUJAR
                                              VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER
                                                 ...
           Mr. Majit S. Shaikh, Advocate for Applicant
           Mr. S. B. Jadhav, APP for the Respondent/State

                                                      CORAM : R. M. JOSHI, J.
                                                      DATED    : 28th SEPTEMBER, 2026

           PER COURT :-

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

           0097/2026, registered with Azadnagar Police Station, District Dhule, for the

           offences punishable under Sections 109, 115(2), 118(1), 125, 189(2), 190,

           191(2), 191(3), 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita and

           under Sections 37(1), 37(3), 135 of the Maharashtra Police Act.

           2.    The First Information Report indicates that an incident had occurred on

           25.05.2026 at about 01:30 a.m. On the next day, at about 11:30 p.m., the

           present Applicant, along with the co-accused, is alleged to have come to the

           spot and assaulted the Informant, causing serious injuries to him.

           3.    Learned Advocate for the Applicant submits that, in respect of the said

           incident, a counter-report came to be lodged, which was prior in time. By

           referring to the contents of the said report, he contends that the presence of


           29 ABA 1489.2026.odt                                                    1 of 3
the Applicant is not found at the spot at the relevant time. According to him,

this could be a case of over-implication. He further submits that there is no

allegation against the Applicant of having used any weapon in the assault

and, therefore, his custodial interrogation is not necessary.

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

referring to the allegations in the First Information Report as well as the

injury certificate of the Informant.

5.    Prima facie, perusal of the police papers indicates that the presence of

the present Applicant at the spot is doubtful. First of all, the report lodged in

respect of the said incident does not show the presence of the Applicant. This

fact is further supported by the transcript of the CCTV footage, wherein the

Applicant is not seen at the spot or participating in the incident in question.

Having regard to this fact, the possibility of this being a case of over-

implication cannot be ruled out. Since there is no allegation against the

Applicant of having used any weapon, his custodial interrogation is not

necessary. Hence, the following order.

                                       ORDER

             (i)    Application is allowed.

             (ii) In the event of arrest of Applicant in connection with
             Crime No. 0097/2026, registered with Azadnagar Police
             Station, District Dhule, for the offences punishable under
             Sections 109, 115(2), 118(1), 125, 189(2), 190, 191(2),
             191(3), 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita

29 ABA 1489.2026.odt                                                       2 of 3
            and under Sections 37(1), 37(3), 135 of the Maharashtra
            Police Act, he shall be released on bail on furnishing PR Bond
            of Rs.15,000/- (Rupees Fifteen Thousand only) with one
            solvent surety in the like amount.

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

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

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


6.    Learned APP for the Respondent/State to communicate this order to
the concerned Police Station.


                                                        ( R. M. JOSHI, J.)
ssp




29 ABA 1489.2026.odt                                                         3 of 3

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