Bombay High Court
ANIL ALIAS ANKUSH RAMDAS LOKHANDEversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The court granted anticipatory bail, confirming the interim order of 23‑12‑2025, except for clause “A”.
Summary
The applicant, Anil Lokhande, sought anticipatory bail in connection with a 2024 assault case (Crime No. 0151) involving offences under IPC Sections 326, 324, 323, 504, 506 read with Section 34. The FIR alleged that the applicant and co‑accused assaulted an informant with an iron rod, causing grievous injuries, while the applicant also sustained serious injuries from the informant. A counter‑report was filed, the weapon was seized, and a charge‑sheet had been filed after the investigation. The State opposed bail, citing the informant’s injury certificate and alleged common intention. The court observed that custodial interrogation was unnecessary, the applicant had cooperated, and his liberty was already protected by an interim order dated 23‑12‑2025, and therefore allowed the anticipatory bail, confirming the earlier order except for clause “A”.
Issues considered
- Whether anticipatory bail should be granted despite the filing of a charge‑sheet and seizure of the alleged weapon
- Whether the existence of a counter‑report and injuries to both parties affect the applicant’s right to bail
Legislation cited
- Indian Penal Code, 1860 — s. 323, 324, 326, 34, 504, 506
Subjects
- anticipatory bail
- IPC offences
- assault
- counter report
- charge sheet
- liberty
- police investigation
Judgment
2026:BHC-AUG:43467
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 2261 OF 2025
Anil Alias Ankush Ramdas Lokhande
VERSUS
The State Of Maharashtra
Mr. A. R. Kaware, Advocate for applicant (through Video Conferencing)
Ms. P. J. Bharad, APP for respondent-State
CORAM : R. M. JOSHI, J.
DATE : 24th SEPTEMBER, 2026
PER COURT :-
1. Applicant seeks pre-arrest in connection with Crime No. 0151
of 2024 registered with Belwandi Police Station, Dist. Ahilyanagar, for the
offences punishable under Sections 326, 324, 323, 504, 506 read with
Section 34 of the Indian Penal Code.
2. First Information Report indicates that an incident had
occurred on 07.04.2024 at about 10:30 PM in which applicant and co-
accused said to have cause assault on the informant with iron rod. In the
said incident, informant sustained injuries.
3. Learned Counsel for the applicant submits that here, in this
case, counter report was lodged in respect of the same incident and in
fact the applicant has sustained serious injuries in the said assault
caused by the informant. It is his further submission that now charge
sheet has been filed and there is already recovery of alleged weapon
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used by the applicant. According to him, pursuant to the order passed by
this Court dated 23.12.2025, he attained concerned police station and
has co-operated the investigation.
4. Learned APP opposed application by referring to the injury
certificate of the informant indicating causing of grievous injury which is
attributable to the applicant and co-accused. According to her, it shows
common intention of both sides.
5. Prima facie perusal of the record indicates that there are
counter reports in respect of the same incident. There is no dispute
about the fact that the present applicant also sustained grievous injury in
the said assault caused by the informant. However, it is not in dispute
that now charge sheet has filed, on conclusion of the investigation.
The weapon allegedly used by the applicant is seized. Thus, further custodial
interrogation of the applicant is not necessary. Applicant’s liberty was
protected by order dated 23.12.2025. There is no grievance about the
fact that he has not co-operated the investigation nor he has misused his
liberty.
6. Hence, application stands allowed by confirming interim order
dated 23.12.2025 except clause “A” of the operative order.
(R. M. JOSHI, J.)
B. S. Joshi
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