Bombay High Court

AKASH NANASAHEB PANGAVHANE AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF
Bench: R M JOSHI

Holding

The court granted anticipatory bail to the applicants.

Summary

The applicants sought anticipatory bail in connection with offences under the Bharatiya Nyaya Sanhita arising from an alleged assault on 29‑07‑2025. The prosecution alleged that the applicants, using an iron rod and axe, inflicted multiple injuries on the victim, and presented an injury certificate as evidence. The applicants contended that the incident was a dispute‑driven false implication, that they cooperated with the investigation, and that they have no prior criminal record. The court noted that the investigation was complete, the charge‑sheet had been filed, there was no grievance from the investigating officer regarding cooperation, and the possibility of false implication could not be ruled out. Accordingly, the court allowed the anticipatory bail application on an interim basis.

Issues considered

Whether anticipatory bail should be granted despite the filing of a charge‑sheet for offences under the Bharatiya Nyaya Sanhita
Whether the injury certificate and alleged use of weapons justify denial of bail
Whether the possibility of false implication and the applicants' clean criminal record warrant the grant of bail

Legislation cited

Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 118(2), 189(2), 190, 191(1), 191(2), 191(3), 351(2), 351(3), 352

Subjects

anticipatory bail
offence under Bharatiya Nyaya Sanhita
assault
false implication
investigation cooperation

Judgment

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                                                       aba1761.25.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

     945 ANTICIPATORY BAIL APPLICATION NO. 1761 OF 2025

Akash Nanasaheb Pangavhane & another             ….Applicants

VERSUS

The State of Maharashtra                         …..Respondent

Mr. S. D. Kunte, Advocate for Applicants.
Mr. A. V. Lavate, APP for the State.

                               CORAM : R. M. JOSHI, J.
                               DATE : 2nd JULY, 2026.
PER COURT :


1.    Learned Counsel for Applicants seek leave to file copy of

charge-sheet on record.



2.    Leave granted.



3.    Applicants seek pre-arrest bail in connection with Crime No.

0224/2025 registered with Kopargaon Rural Police Station, District

Ahilyanagar for the offences punishable under Sections 118(2),

118(1), 115(2), 352, 351(2), 351(3), 189(2), 191(1), 191(2), 191(3), 190

of Bharatiya Nyaya Sanhita.
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                                                       aba1761.25.odt

4.    In short, it is the case of the prosecution that on 29.07.2025,

an incident occurred in which the present Applicants and co-accused

assaulted the son of the informant. Allegation against them is that

by iron rod and axe, said assault was caused.



5.    Learned Counsel for Applicants submits that in respect of the

incident occurred on 29.07.2026, one of the accused person had

lodged report forthwith wherein presence of the present Applicant is

not seen on the spot. It is his submission that owing to the dispute

between the parties, possibility of false implication is not ruled out.

According to him, liberty of the Applicants was protected by this

Court by order dated 07.10.2025 and that they co-operated in the

investigation. He further submits that Applicants have no criminal

history behind them.



6.    Learned APP opposed the application of both the Applicants. It

is his submission that as far as Applicant No. 2 is concerned, there

are specific allegations against him of using iron rod to cause injury

to the victim.   To support his submission, he placed reliance on

injury certificate of victim Kiran indicating causing of 5 injuries out

of which 4 injuries are grievous in nature. It is his submission that
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                                                       aba1761.25.odt

having regard to this fact and also in view of the fact that the weapon

is yet to be recovered, custodial interrogation of Applicant No. 2 is

sought.



7.    Perusal of counter report indicates that definitely some incident

had occurred on 29.07.2025. Admittedly, informant in the instant

case has not sustained any injury however, a report has been lodged

belatedly. Considering the dispute between the parties and also in

view of the fact that report came to be lodged against the informant

and others first in time, possibility of present report being filed by

way of counter blast is not ruled out. In any case, now investigation

is completed with filing of charge-sheet. Applicants were directed to

co-operate in the investigation.       There is no grievance of the

Investigating Officer that they did not co-operate in the investigation.

As such, application stands allowed in terms of the interim order.



                                                 ( R. M. JOSHI, J.)

dyb

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