Bombay High Court

KAILAS JANARDHAN WAGHversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The Court allowed anticipatory bail to the applicants, subject to a cash bond and specific conditions, finding no necessity for custodial interrogation.

Summary

The High Court considered three anticipatory bail applications arising from an assault case registered as Crime No. 179/2026 under the Bharatiya Nyaya Sanhita. The first applicant, Gaurav Deshmukh, withdrew his application, which was dismissed as withdrawn. The remaining applicants, Bhavesh Sunil Mahajan and Kailas Janardhan Wagh, argued that no weapon was used and therefore custodial interrogation was unnecessary. The State contended that all accused acted together and were liable for each other's acts. After examining the FIR and the investigating officer's report, the Court found no allegation of weapon use and held that bail was appropriate, granting anticipatory bail with a cash bond of Rs.15,000 each and imposing conditions such as reporting to police, non‑contact with witnesses, and non‑interference with evidence.

Issues considered

Whether anticipatory bail should be granted when the alleged offence involves assault without the use of a weapon and custodial interrogation is not necessary.
Whether co‑accused can be held liable for the acts of each other in the context of anticipatory bail.
What conditions may be imposed under the Bharatiya Nyaya Sanhita when granting anticipatory bail.

Legislation cited

Bharatiya Nyaya Sanhita — s. 115, 118(1), 118(2), 189(2), 190, 191(2), 191(3), 352

Subjects

anticipatory bail
pre‑arrest bail
assault
Bharatiya Nyaya Sanhita
cash bond
custodial interrogation
co‑accused liability

Judgment

                                 -1-
                                                     aba1573.26.odt

       ‘IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD

  926 ANTICIPATORY BAIL APPLICATION NO. 1573 OF 2026 WITH
           CRIMINAL APPLICATION NO. 3557 OF 2026
                     IN ABA/1573/2026

Gaurav Vijay Deshmukh                           ….Applicant

VERSUS

The State of Maharashtra                        …..Respondent

Mr. N. S. Ghanekar, Advocate for Applicant
Ms. R. P. Gour, APP for the State.
Mr. N. N. Desale, Advocate for the informant.


                            AND
       ANTICIPATORY BAIL APPLICATION NO. 1576 OF 2026

Bhavesh Sunil Mahajan                           ..… Applicant

VERSUS

The State of Maharashtra & another              .....Respondents

Mr. Sanket Palnitkar, Advocate holding for Mr. G. M. Sharma,
Advocate for Applicant
Ms, R. P. Gour, APP for the State.

                            AND
     930 ANTICIPATORY BAIL APPLICATION NO. 1621 OF 2026

Kailas Janardhan Wagh                           ….Applicant

VERSUS

The State of Maharashtra                        …..Respondent
…..

Mr. R. U. Gavhane, Advocate for Applicant
                                 -2-
                                                      aba1573.26.odt

Mr. S. B. Narwade, APP for the State.

                               CORAM : R. M. JOSHI, J.
                               DATE : 8th SEPTEMBER, 2026.
PER COURT :


1.      At the outset, learned Counsel Mr. Desale seeks permission to

assist learned APP on behalf of the informant in Anticipatory Bail

Application No. 1573/2026.



2.      Learned Counsel for Applicant records no objection for the

same.



3.      In view of above, learned Counsel Mr. Desale is permitted to

assist learned APP. Criminal Application No. 3557/2026 is allowed.



4.      After hearing learned Counsel for both sides when this Court

has shown disinclination to grant relief to the Applicant in

Anticipatory Bail Application No. 1573/2026, learned Counsel for

Applicant, on instructions, seeks withdrawal of the application.



5.      Anticipatory Bail Application No. 1573/2026 stands dismissed

as withdrawn.
                                  -3-
                                                      aba1573.26.odt

6.    Applicants in Anticipatory Bail Application Nos. 1576/2026

and 1621/2026 seek pre-arrest bail in connection with Crime No.

179/2026 registered with Deopur West Police Station, Dhule, District

Dhule, for the offences punishable under Sections 118(1), 118(2),

115, 352, 189(2), 191(2), 191(3), 190 of Bharatiya Nyaya Sanhita.



7.    First Information Report indicates the incident has occurred on

28.04.2026 at about 10.00 pm in which the informant, his father and

wife were assaulted by the Applicants and co-accused. There is no

allegation against the present Applicants that they used any weapon

in order to cause said assault.



8.    Learned Counsel for Applicants in both the applications submit

that in absence of any attribution against the Applicants of using any

weapon, this is not a fit case where custodial interrogation of the

Applicants is necessary. There is nothing to be recovered from them.



9.    Learned APP opposed the applications contending that all

accused came together and caused assault and as such they are

responsible for the acts of each other.
                                   -4-
                                                             aba1573.26.odt

10.   Prima facie perusal of the report of Investigating Officer before

the Sessions Court indicates that there is no allegation against the

present Applicants of using any weapon in the said incident.              As

such, this Court finds substance in the contention of learned

Counsel for the Applicants that this is not a case of custodial

interrogation of the Applicants. Hence, both the applications stand

allowed in following terms :-

                                  ORDER

        (i)     In the event of arrest of applicant Bhavesh Sunil
        Mahajan        in   Anticipatory      Bail    Application   No.
        1576/2026 and Applicant Kailas Janardhan Wagh in
        Anticipatory    Bail    Application     No.    1621/2026     in
        connection with Crime No. 0179/2026, registered with
        Deopur West Police Station, Dhule, District Dhule, for
        the offences punishable under Sections 118(1), 118(2),
        115, 352, 189(2), 191(2), 191(3), 190 of Bharatiya
        Nyaya Sanhita, they be released on bail on furnishing
        PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand only)
        each with one surety in the like amount.


        (ii)    They shall attend the concerned police station
        on 15.09.2026 between 11.00 to 1.00 pm.


        (iii)   They shall not contact the witnesses directly or
        indirectly.
                               -5-
                                                        aba1573.26.odt



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


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


      (vi)   Learned APP to communicate this order to the
      concerned Investigating Officer.



                                               ( R. M. JOSHI, J.)

dyb

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