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Bombay High Court

SATISH VITTHAL BAGULversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

Custodial interrogation is required and the anticipatory bail application is rejected.

Summary

The applicant, Vaishali Anil Tikam, filed an anticipatory bail application fearing arrest in Crime No. 351 of 2026, which alleges assault, outrage of modesty, and attempted homicide under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that on 10 April 2026 the applicant, along with co‑accused, assaulted the first informant and her husband with a hockey stick, causing grievous injuries. The applicant contended that the FIR is false, motivated by a personal vendetta after his sister lodged a complaint, and that the police demanded a bribe, leading to his arrest through the Anti‑Corruption Bureau. The State argued that the applicant has antecedents and that the injury certificate and X‑ray substantiate the serious nature of the offences, warranting custodial interrogation. After examining the FIR, medical evidence, and the delay in lodging the complaint, the Court held that custodial interrogation is necessary and rejected the anticipatory bail application.

Issues considered

  • Whether the applicant is entitled to anticipatory bail in view of the serious allegations under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the delay in filing the FIR and the claim of false implication affect the grant of bail.
  • Whether custodial interrogation is required despite the applicant's claim of innocence.

Legislation cited

Subjects

  • anticipatory bail
  • custodial interrogation
  • assault
  • outrage of modesty
  • Bharatiya Nyaya Sanhita
  • false complaint
  • delay in FIR
  • bail rejection

Judgment

                                                                                31-ABA-1728-2026.doc


                   Tikam


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                    ANTICIPATORY BAIL APPLICATION NO. 1728 OF 2026

VAISHALI                                        Satish Vitthal Bagul
ANIL                                                  VERSUS
TIKAM
                                           State Of Maharashtra And Anr
Digitally signed
                       _________________________________________________________________
by VAISHALI
ANIL TIKAM
Date:                  Mr. Eknath Dhokale, Advocate for Applicant.
2026.08.11
12:28:44 +0530         Mr. S.R.Pednekar, APP for Respondent-State.
                       Mr. C.H. Kadnor, Malegaon Taluka Police Station,Dist. Nashik present. s
                       _________________________________________________________________

                                                             CORAM      :   SHIVKUMAR DIGE, J.
                                                             DATE       :   6th AUGUST, 2026
                       P.C. :

                       1.            Heard learned counsel for the Applicant and learned APP for

                       the State.

                       2.            Applicant is apprehending arrest in Crime No. 351 of 2026

                       registered with Malegaon Taluka Police Station, Dist. Nashik for the

                       offences punishable under Sections. 109, 118(2), 74,76, 115(2), 126(2),

                       352, 351(3) of Bharatiya Nyaya Sanhita, 2023 (BNS).

                       3.            It is prosecution's case that on 10/04/2026, Applicant and co-

                       accused assaulted the first informant and her husband with hockey stick

                       and outraged modesty of the first informant and tried to throttle her with

                       intention to kill her.

                       4.            It is contention of learned counsel for the Applicant that



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Tikam


    applicant has been falsely implicated in this case. Earlier two days of this

    FIR, Applicant's sister lodged complaint against the first informant's family.

    To take revenge of it, this false complaint is filed against the Applicant.

    Learned counsel further submitted that police demanded bribe from the

    applicant.    Applicant got arrested the concerned police officer through

    Anti Corruption Bureau. Hence, the present FIR is lodged against the

    Applicant. He further submitted that there is delay of 14 days in lodging

    the complaint. Considering      these facts, custodial interrogation of the

    Applicant is not required and requested to allow the Application.

    5.           It is contention of learned APP that applicant had antecedents.

    The injury certificate of the first informant shows that she has suffered

    facture injury to her hand. She has suffered grievous injuries. Considering

    the allegations against the Applicant, his custodial interrogation is required

    and requested to reject the Application.

    6.           I have heard both learned counsel. Perused the FIR and

    document produced on record.       There are specific allegations against the

    Applicant that he assaulted the husband of the first informant with hockey

    stick at that time first informant intervened in the said assault and at the

    relevant time Applicant assaulted on left hand of first informant.     The X-

    ray of left hand of first informant dated 10/04/2026 shows she has

    suffered facture injury to her left hand. The injury certificate produced on


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Tikam


    record shows she has suffered grievous injuries.         There was delay in

    lodging the complaint as first informant was admitted in the hospital. The

    hockey stick used in the crime is yet to be recovered.     Considering these

    facts, custodial interrogation of the Applicant is required and I pass

    following order.

                                      ORDER

    (i)        Anticipatory Bail Application is rejected.




                                                   (SHIVKUMAR DIGE, J.)




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