Bombay High Court
HANSRAJ DWARIKAPRASAD VARMAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- ANTICIPATORY BAIL GRANTED
Holding
The Court allowed the anticipatory bail application, finding no material linking the applicant to the offence and imposing standard bail conditions.
Summary
Hansraj Dwarikaprasad Varma applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with an alleged assault under Section 118(2) of the Bharatiya Nyaya Sanhita, 2023. The FIR was lodged after a report that an unknown person attacked a passer‑by with a wooden stick; the accused was later arrested and the weapon seized. The applicant contended he had no involvement, had already given a statement, possessed no criminal antecedents, and that the investigation already had sufficient material without his custodial interrogation. The State argued that call‑detail records showed interactions between the applicant, his brother, and the arrested accused, suggesting possible conspiracy. The Court found no material linking the applicant to the offence, noted the absence of antecedents, and therefore granted anticipatory bail with conditions including a bond, surety, regular police reporting, and non‑contact with witnesses.
Issues considered
- Whether the applicant is sufficiently connected to the alleged offence to deny anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the State's evidence, including CDRs, establishes a prima facie case against the applicant.
- Whether the conditions imposed are appropriate for the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 118(2)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- bail conditions
- assault
- no criminal antecedents
- call detail records
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
906-ABA-2367-2026.ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2367 OF 2026
Hansraj Dwarikaprasad Varma …Applicant
Versus
The State of Maharashtra …Respondent
Adv. Khalid Naseem Ahmed Gujar A/w Adv. Deepa Panicker,
for the Applicant.
Mr. Bapu V. Holambe-Patil, A.P. P., for the Respondent – State.
PSI Bhise, Dindoshi Police Station, Mumbai, is present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 27TH AUGUST 2026
P.C:-
1. Heard Advocate Gujar, learned counsel for applicant as
well as Mr. Holambe-Patil, learned APP for the respondent –
State.
2. The applicant has filed instant application under Section
482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking
pre-arrest bail in connection with Crime No. 314 of 2026 dated
11.04.2026, registered with Dindoshi Police Station,
Brihanmumbai, for the offence punishable under Sections 118
(2) of the Bharatiya Nyaya Sanhita, 2023.
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3. The FIR came to be registered on the basis of a report
lodged by Mr. Vasanji Arjunbhai Surti alleging that on
04.04.2026 at about 06.15 p.m., while he was walking on the
footpath near Dindoshi Metro Station, an unknown person
attacked him on his leg with a wooden stick and caused him
injuries. On the basis of the said report, the FIR came to be
registered against an unknown person.
4. Learned counsel for applicant submitted that, in
connection with the concerned offence, the accused person has
already been arrested and released by the Remand Court. He
submitted that only because an independent civil suit is pending
between this applicant and his brother against the informant,
somebody has disclosed the names of this applicant and his
brother and alleged that they had conspired to attack the victim.
He submitted that the applicant has no connection whatsoever
with the victim or with any dispute in that regard. He also
submitted that the statement of this applicant has already been
recorded during the course of the investigation. Apart from this,
the weapon of offence has already been seized, and there is no
need of custodial interrogation of this applicant. He also
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submitted that there are no criminal antecedents against this
applicant and he is ready to extend co-operation to the
investigation agency.
5. As against this, the learned APP for the respondent-State
opposed the application and submitted that the arrested person
has disclosed the fact of dispute in between applicant’s brother
and the victim. It is also submitted that the Call Detail Record
(CDR) reveals that the applicant and his brother had interacted
with the arrested accused person on several occasions, and their
involvement in the offence is likely to be revealed.
6. Perused the FIR and the documents placed on record. It
has to be noted that the FIR was registered against an unknown
person. During the course of the investigation, the person who
had assaulted the victim was arrested. There is nothing on
record, at this stage, to show that the attack was carried on by
the arrested accused person at the instance of this applicant or
in furtherance of any conspiracy involving brother of this
applicant. At this stage, there is nothing on record to connect
this applicant with the offence. The weapon of offence has also
recovered from the arrested person and, therefore, there is no
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necessity for custodial interrogation of this applicant.
7. Considering the fact that there are no criminal
antecedents against this applicant and there is no material to
show any direct connection of this applicant with the alleged
assault, at this stage, the personal liberty of this applicant needs
to be protected subject to certain conditions.
8. Hence, I pass following order :-
ORDER
(i) The Anticipatory Bail Application are allowed.
(ii) In the event of arrest of the applicant in Crime
No. 314 of 2026, registered with Dindoshi
Police Station, Brihanmumbai, for the offence
punishable under Section 118(2) of The
Bharatiya Nyaya Sanhita, 2023, he be released
on bail on furnishing P. R. Bond of Rs.
25,000/- (Rupees Twenty Five Thousand
only), with one solvent surety of the like
amount.
(iii) The applicant is directed to attend the Police
Station on every Monday in between 10:00
a.m. to 2:00 p.m. for a period of four weeks
and thereafter as and when called upon by the
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investigating agency.
(iv) The applicant shall not contact complainant or
any of the witnesses, in any manner.
(v) Breach of any of these conditions, shall be a
ground for cancellation of the bail.
9. Anticipatory Bail Application is disposed of in above
terms.
(PRAFULLA S. KHUBALKAR, J.)
VDMokal/-
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