RAHUL SUDHIR PASVALversusTHE STATE OF MAHARASHTRA

                                                                918-ABA-1928-2026.doc

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 1928 OF 2026


            Rahul Sudhir Pasval                                     ...Applicant
                       V/s.
            State of Maharashtra                                    ...Respondent


            Mr. Akshay Ade a/w Mr. Sujit Padvi a/w Ms. Pallavi Valvi i/b Mr.
            Sushant J. Tayade and Associates, for the Applicant.
            Ms.Geeta P. Mulekar, APP for the Respondent – State.
            Mr. Suryavanshi, API, CBD, Belapur Police Station is present.



                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 29th SEPTEMBER, 2026.

            P.C. :-

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

            APP for respondent - State.

            2.           The applicant is apprehending arrest in Crime No. 275 of

            2026 registered with Navghar Police Station for the offence

            punishable under Sections 115(2), 118(2) 352 and 351(2) of

            Bharatiya Nyaya Sanhita, 2023 (BNS).

            3.           The FIR came to be registered on the basis of report lodged

            by the complainant, alleging that on 25.05.2026 at about 07:00 p.m.,

            there was a quarrel in between the complainant and applicant on

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account of suffering loss in the share market. It is alleged that the

applicant had earlier given an amount of Rs. 3000/- to the

complainant and the quarrel was for failure to fetch desired returns.

It is alleged that at that time, there was a scuffle and the co-accused

assaulted the complainant on stomach by a blade. On the basis of

these allegations, the FIR came to be registered against this applicant.

4.         The learned counsel for applicant submits that although

offence is registered against this applicant, there is no allegation about

any assault by this applicant. He further submits that the allegations of

assault by the use of some blade like weapon are against some other

person and this applicant is named in the FIR only because he was

present at the relevant time. He also submits that the charge-sheet is

filed against the co-accused and there are no criminal antecedents

against this applicant.

5.         He also submits that considering the allegations in FIR, this

court had granted an interim protection in his favour by order dated

22nd July 2026 and in accordance with the said protection, the

applicant has attended the Police Station and joined the investigation.

He, therefore, prays for confirmation of the interim protection.

6.         As against this, learned APP for respondent had opposed

the application and submitted that there are allegations in FIR about

attack on the complainant by a knife-like weapon and therefore, the

offence is serious in nature. However, there is no dispute that the

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allegation of attack by knife are against some unknown person who

had accompanied the applicant. It is also not disputed that the

applicant has attended the Police Station in accordance with an

interim protection order and further that charge-sheet is filed against

other accused persons.

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

to be seen that the main allegation of assault by some blade like

weapon are against the other person. There is nothing to show that

this applicant has assaulted the complainant by any dangerous

weapon. Further, it has to be seen that charge sheet is already filed

and this applicant has extended cooperation during investigation in

accordance with interim protection.

8.        Considering the overall circumstances and the fact that

there are no criminal antecedents against this applicant, the interim

protection granted by this court by order dated 22 nd July 2026 is

hereby confirmed on the same terms and conditions.

9.        Accordingly, the instant Anticipatory Bail Application is

allowed and disposed of.


                                       (PRAFULLA S. KHUBALKAR, J.)




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