ROHIT KASHINATH BHOIRversusSTATE OF MAHARASHTRA

                                                               902-ABA-2510-2026.doc

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 2510 OF 2026


            Rohit Kashinath Bhoir                                  ...Applicant
                       V/s.
            State of Maharashtra                                   ...Respondent


            Mr. Meghashyam Kocharekar, for the Applicant.
            Mr. Bapu V. Holambe Patil, APP for the Respondent – State.
            Mr. Umesh Rathe, PSI, Padgha Police Station, Thane (Rural) is
            present.


                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 23rd SEPTEMBER, 2026.
            P.C. :-

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

            for respondent state.

            2.           The applicant is apprehending arrest in connection with

            Crime No. 176 of 2026 dated 05.03.2026 registered with Padgha

            Police Station, Thane (Rural), for the offence punishable under section

            310(2), 333, 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita

            (BNS), 2023.

            3.           The FIR is registered on the basis of the report lodged by

            the complainant alleging that on 04.03.2026, there was a quarrel

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among members of the families of the complainant and the accused

persons. It is alleged that the quarrel started on account of breaking of

glass bottle and it escalated to scuffle by fists and blows. It is alleged

that at that time, the golden ornaments of complainant’s parents were

taken away by somebody. On the basis of these allegations, the

present FIR came to be registered against 8 persons.

4.         Learned counsel for the applicant states that the applicant

is not named in the FIR but is apprehending arrest only because the

CCTV footage shows his presence on the spot. He submits that the

offence is registered in the background of a quarrel between two

families who are neighbors and relatives of each other. The FIR shows

that the incident has occurred when a glass of bottle was broken, on

account of which there was a scuffle in between members of the two

families and it is alleged in the report that somebody had snatched the

golden ornaments of the complainants mother and father. He

therefore submits that since the applicant is not named in FIR and

there are no allegations against the applicant, his involvement in the

offence is without any basis.

5.         He also submits that this applicant has attended the Police

Station in accordance with the interim protection order dated 7 th

September 2026 granted by this court and therefore prays for

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confirmation of the interim order.

6.           He points out that some of the accused persons have been

granted anticipatory bail and some of them have been granted interim

protection. He invites attention to the order dated 28.08.2026 passed

by this Court in ABA No. 2336 of 2026 granting interim protection in

favour of accused no. 5.

7.           The learned APP for the respondent has opposed the

application and submitted that the presence of this applicant is seen in

the CCTV footage and since there are allegations that somebody has

snatched the golden ornaments, investigation in the matter is

necessary.

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

to be noted that this applicant is not named in FIR. It seems that on

the basis of CCTV footage, it is alleged that this is applicant was

present on this spot. In view of the fact that the allegations are leveled

against the accused persons in the background of a dispute between

two families, with no role being attributed to this applicant, the

custodial interrogation of this applicant is not warranted. His presence

can be secured by directing him to attend the Police Station as and

when required.

9.           Hence, in view of all the above mentioned aspects, the

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personal liberty of this applicant needs to be protected subject to

certain conditions.

10.          Hence I pass the following order :

                         : ORDER :

(i)          Anticipatory Bail Application is allowed.

(ii)         In the event of arrest of the applicant in connection with

Crime No. 177/2026 u/s.310(2), 333, 351(2), 351(3), 352 of Bhartiya

Nyaya Sanhita, 2023 registered with Padgha Police Station, the

Applicant may be released on bail on furnishing P.R. Bond of Rs.

25,000/- (Rupees Twenty Thousand only) with one solvent surety of

the like amount.

(iii)        The applicant is directed to attend the Police Station as and

when called upon by the Investigating Agency.

(iv)         The applicant shall not tamper with the prosecution

witnesses.    The     applicant   shall    extend   cooperation   with   the

investigation.

11.          The Application is accordingly allowed and disposed of in

above terms.

                              (PRAFULLA S. KHUBALKAR, J.)




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