Bombay High Court

AKSHAY KISHAN SONAWANEversusSTATE OF MAHARASHTRA

Decided: 31 August 2026
Disposal: Allowed

Holding

Anticipatory bail is warranted where the evidence against the applicant is weak and the alleged offences are not of a serious nature, subject to strict conditions.

Summary

Akshay Kishan Sonawane applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a FIR (C.R. No.199 of 2026) alleging offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed he was not involved in the incident, which arose from a sudden fight, and that the only witness against him was the first informant, with no independent corroboration. The State opposed the bail, asserting the applicant’s active role and citing an eyewitness statement and prior antecedents from 2014, 2016, and 2019. The Court examined the witness statements, found the alleged eyewitness’s testimony unreliable and noted that the injuries were simple, while also observing that other accused had been granted bail. Considering the lack of solid evidence against the applicant and the nature of the injuries, the Court granted anticipatory bail with strict conditions, including a bond, sureties, regular police reporting, and non‑interference with witnesses.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences and the evidence presented.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482
Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 119(2), 127(2), 140(3), 189(2), 190, 191(2)(3), 3(5), 351(2)(3), 352, 49

Subjects

anticipatory bail
Section 482
criminal procedure
bail conditions
witness testimony
antecedents

Judgment

33.ABA-2197.26.DOC

Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by PRACHI
PRACHI PRANESH
PRANESH
NANDIWADEKAR
NANDIWADEKAR CRIMINAL APPELLATE JURISDICTION
Date: 2026.09.01
16:19:20 +0530
ANTICIPATORY BAIL APPLICATION NO. 2197 OF 2026

Akshay Kishan Sonawane … Applicant
V/s.
State of Maharashtra …. Respondent

______________________
Ms.Ekta Pail i/by Mr. Prashant Hagare, for the Applicant
Ms. M. R. Tidke, APP, for the Respondent-State.
Mr. Kashiraj Jadhav, G.P.S.I. attached to Baramati Taluka Police
Station present.
______________________

CORAM : MADHAV J. JAMDAR, J.
DATED : 31 AUGUST 2026
P. C. :-

1. Heard Ms. Patil, learned Counsel appearing for the

Applicants and Ms. Tidke, learned APP appearing for the

Respondent-State.

2. By this application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-

arrest bail in connection with C.R. No.199 of 2026 registered with

Baramati Taluka Police Station, Pune for the offences punishable

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33.ABA-2197.26.DOC

under Sections 115(2), 118(1), 127(2), 351(2)(3), 352, 49,

140(3), 119(2), 189(2), 191(2)(3) and 190 read with 3(5) of the

Bharatiya Nyaya Sanhita, 2023.

3. It is the submission of the learned counsel appearing for the

Applicant that the incident has taken place due to sudden fight as

there is some dispute between the first informant and Accused

No.1- Pintu @Sharad Yashwant Dhumal. She submits that

Applicant is not at all involved in the crime and the injuries, if any,

are simple in nature. She submits that although there are 3

antecedents, the said antecedents are of the year 2014, 2016 and

2019. She submits that there are total 6 Accused. Accused nos.1

and 5 have been released on regular bail. Accused no.2 has been

granted anticipatory bail and the present Applicant is Accused no.

3. She submits that except the version of the first informant, there

is no other independent witness as far as the role of the present

Applicant is concerned. She submits that the Applicant will abide

by all the conditions and will cooperate with the investigation.

4. On the other hand, the learned APP strongly opposes the

anticipatory bail application. The learend APP states that the

Applicant has played actual role in the incident in question. She

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33.ABA-2197.26.DOC

submits that apart from the first informant, there is an eyewitness,

namely Nikhil Prakash Nalkol. She submits that the Applicant has

antecedents and, therefore, the anticipatory bail application will be

dismissed.

5. Perusal of the record shows that except the first informant,

there is no other independent witness who has stated the role of

the present Applicant. Although it is the contention of the learned

APP that witness Nikhil Prakash Nalkol has stated about the role of

the Applicant, his statement dated 26 April 2026 shows that he has

assigned the role to two persons who are not identified and the

further statement is given on the basis of the information given by

the first informant. The injuries are simple in nature. The Accused

nos.1 and 5 have been arrested and released on regular bail.

Accused no.2 has been released on anticipatory bail. The main

allegations are against Accused no.1 who has already been granted

regular bail. Although there are antecedents, the antecedents are

of the year 2014, 2016 and 2019.

6. Accordingly, by imposing following strict conditions, the case

is made out for a grant of anticipatory bail :-

ORDER

(a) In the event of arrest of the Applicant in connection

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33.ABA-2197.26.DOC

with C.R. No.199 of 2026 registered with Baramati

Taluka Police Station, Pune, the Applicant is directed

to be released on bail on furnishing P.R. Bond in the

sum of Rs.50,000/- with one or two solvent sureties

each in the like amount.

(b) The Applicant shall attend the concerned Police

Station on 7 September 2026 and 8 September 2026

and every week on Monday between 11:00 a.m. to

02:00 p.m. till filing of the chargesheet and shall

cooperate with the investigation.

residential address to the Investigating Officer and

shall keep the same updated, in case of any change

thereto.

(d) The Applicant shall not directly or indirectly make any

inducement, threat, or promise to any person

acquainted with the facts of the case so as to dissuade

such a person from disclosing the facts to the Court or

to any Police personnel.

(e) The Applicant shall not tamper with the prosecution

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evidence and shall not contact or influence the

Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior

permission of the Court.

(g) The Applicant shall cooperate with the Investigating

Officer and attend the concerned police station as and

when called by the Investigating Officer.

7. The observations made in this order are only for the purpose

of considering the anticipatory bail application.

8. Anticipatory Bail Application is disposed of accordingly.

[MADHAV J. JAMDAR, J.]

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