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Bombay High Court

AJAY MOHAN BENDWALversusTHE STATE OF MAHARASHTRA

Disposal
DISMISSED

Holding

No change in circumstances was found; the anticipatory bail application was dismissed.

Summary

The applicant, Ajay Mohan Bendwal, filed an anticipatory bail application fearing arrest in a case involving alleged assault with an axe, citing sections 109, 115(2), 118(1), 118(2), 189(4), 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023. He argued that the investigation had concluded with a charge‑sheet that lacked evidential support for his involvement, pointing to video transcripts and the recovery of weapons thrown at the scene. The State opposed, stating there was no change in circumstances since the applicant’s earlier pre‑arrest bail application had been rejected on 1 December 2025. The Court observed that the evidence relied upon by the applicant had already been considered in the earlier order, and revisiting that decision would amount to an impermissible review. Consequently, the Court held that there was no material change warranting a fresh consideration and dismissed the anticipatory bail application.

Issues considered

  • Whether the anticipatory bail application can be entertained in view of the earlier rejection of a pre‑arrest bail application on the same facts.
  • Whether a change in circumstances exists that justifies granting anticipatory bail.
  • Whether the court can review its earlier order rejecting pre‑arrest bail.

Legislation cited

Subjects

  • anticipatory bail
  • pre‑arrest bail
  • change in circumstances
  • review of order
  • criminal procedure

Judgment

2026:BHC-AUG:42084
                                                                     903-ABA-1734-2026.odt



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                     903 ANTICIPATORY BAIL APPLICATION NO. 1734 OF 2026

                                      Ajay Mohan Bendwal
                                             Versus
                                    The State Of Maharashtra

          Ms. R. L. Jakhade, Advocate for Applicant
          Mr. S. B. Narwade, APP for Respondents/State

                                                          CORAM :R.M. JOSHI, J
                                                          DATE  :SEPTEMBER 11, 2026

          P. C. :

          1.            Applicant apprehends arrest in connection with C.R. No.

          229/2025 registered with Police Station Shirpur City, District Dhule for the

          offences punishable under Sections 109, 115(2), 118(1), 118(2), 189(4),

          191(2), 191(3) of the Bharatiya Nyaya Sanhita, 2023.


          2.            First information report indicates occurrence of incident on

          28.04.2025 in which the informant and witnesses were assaulted by the

          present Applicant and co-accused. There is allegation against present

          Applicant that he assaulted Tarachand with axe.


          3.            Learned Counsel for the Applicant submits that investigation

          into the crime is complete with filing of the charge-sheet. According to her,

          though there is allegation against present Applicant in the FIR, the same is

          not supported by the evidence collected during the course of investigation.

          To support this submission, she drew attention of the Court to the transcript

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of video indicating that no weapon is said to have been seen in the hands of

present Applicant. It is her further submission that there is allegation against

more than 1 person causing assault on Tarachand, as such, grievous injury

caused to Tarachand cannot be attributed to present Applicant. She also

drew attention of the Court to the fact that there is recovery of weapons,

which were thrown by the assailants by the spot. As such, her contention is

that there is no question of custodial interrogation of the Applicant.


4.           At the outset, learned APP opposed maintainability of the

Application on the ground that there is no change in circumstance. He drew

attention of the Court to order passed by this Court rejecting pre-arrest bail

of the Applicant wherein it is recorded that the evidence, which is now

sought to be relied upon, was already considered by this Court while

rejecting the said application. On merits, he also opposed the application.


5.           Perusal of the record shows that the previous pre-arrest bail

application filed by the Applicant before this Court came to be rejected by

order dated 01.12.2025 passed in ABA No. 1673/2025. Observations made I

paragraph 7 of the said order indicates that the evidence, which is now

sought to be relied upon by the Applicant, was duly considered while

rejecting said application. Taking any different view would amount to

review of said order, which is not permissible in law. Hence, on this count as

well as in view of the fact that there is no change in circumstance,


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application deserves no consideration.


6.          In view of above, application stands dismissed.


                                                   (R. M. JOSHI, J.)
Malani




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