RUTIK RAJARAM JADHAVversusTHE STATE OF MAHARASHTRA

                                                                  15-ABA-1719-2026.doc

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 1719 OF 2026


            Rutik Rajaram Jadhav                                     ...Applicant
                       V/s.
            State of Maharashtra                                     ...Respondent


            Mr. Piyush Chhabria a/w Ms. Rutika Ingle, for the Applicant.
            Ms. Geeta Mulekar, APP for the Respondent – State.
            Ms. Sarla Kale, API, Kalyan Taluka Police Station, Dist. Thane, is
            present.


                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 05th OCTOBER, 2026.

            P.C. :-

            1.           Heard learned counsel for applicant as well as learned APP

            for respondent-state.

            2.           The applicant has filed the instant application seeking per-

            arrest bail in connection with FIR No. 392 of 2026 registered with

            Kalyan Taluka Police Station for offence punishable under Sections

            109, 118(1), 115(2), 352, 351(2), 3(5) of Bharatiya Nyay Sanhita

            (BNS), 2023.

            3.           The FIR is registered on the basis of a report lodged by the


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complainant, alleging that on 13.05.2026 there was a quarrel at the

time of Haldi ceremony amongst the informant’s brother and the

accused persons and at that time there was a scuffle when the accused

Rahul Jadhav has attacked the complainant with a chopper. It is

alleged in the report that this applicant was also present and he has

attacked the complainant with fist blows. On the basis of these

allegations, the FIR came to be registered against two accused

persons, including this applicant, who is arraigned as accused no. 2.

4.         The learned counsel for applicant submits that the

allegations against this applicant are attack by fist blows and the main

allegations about attack by chopper is against the other accused,

namely Rahul Jadhav. He submits that the investigation in the matter

is completed and charge sheet is filed against the other accused

person and weapons of offence is already recovered. He therefore

submits that, considering the nature of allegations and the role

attributed to this applicant, he is ready to join the investigation to be

conducted against him.

5.         The application is opposed by learned APP by pointing out

that there are allegations of attack by the accused no. 1- Rahul Jadhav

and this applicant, who is brother of Rahul Jadhav had accompanied

him at the time of incident. She submits that there are allegations of

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his presence and attack by fist blows and considering the criminal

antecedents, which are four FIRs registered against him, the

application be rejected.

6.          Perused the FIR and the documents placed on record. It has

to be noted that the main allegations of attack are against accused no.

1-Rahul Jadhav and the only allegations against this applicant is of

attack by fist blows. It has to be noted that investigation in the matter

is completed against other accused person and the weapon of offence

is also recovered during investigation. Further, considering the fact

that charge sheet is already filed, the custodial interrogation of this

applicant need not insisted upon. His presence can be secured by

directing him to join the investigation and attend the trial.

7.          In view of the above, following order is passed.

                           : ORDER :

     (i)    Anticipatory Bail Application is allowed.

     (ii)   In the event of arrest of this applicant in connection with

     FIR No. 392 of 2026 registered with Kalyan Taluka Police Station

     for offence punishable under Sections 109, 118(1), 115(2), 352,

     351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, the applicant may

     be released on bail on furnishing P.R. Bond of Rs. 25,000/-

     (Rupees Twenty Thousand only) with one solvent surety of the like

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     amount.

     (iii)   The applicant is directed to attend the Police Station on

     every Monday in between 10:00 a.m. to 02:00 p.m. for a period of

     four weeks and thereafter as and when called upon by the

     Investigating Agency.

     (iv)    The applicant shall cooperate with the Investigating Agency

     during investigation and trial. The applicant shall not contact the

     complainant or any other witnesses in any manner.

8.           The Application is accordingly allowed and disposed of.



                                         (PRAFULLA S. KHUBALKAR, J.)




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