Bombay High Court
DIPAK @ RAHUL RAMESH AHIREversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that the applicant is entitled to anticipatory bail under Section 482 of the BNSS, subject to strict conditions, as the circumstances show he is also a victim and has no prior criminal antecedents.
Summary
The High Court considered an anticipatory bail application filed by Dipak @ Rahul Ramesh Ahire under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with offences under the Bharatiya Nyaya Sanhita, 2023. The applicant alleged that the case arose from a cross‑FIR in which he was also assaulted and sustained grievous injuries, and that the other co‑accused had already been arrested and released on regular bail. The prosecution contended that the applicant used a sickle to assault the complainant with intent to kill. After examining the facts, the court found no prior antecedents against the applicant and noted the cross‑FIR context, and therefore granted anticipatory bail with a series of conditions to ensure cooperation with the investigation and prevent tampering with evidence. The order directed the applicant to furnish a bail bond, attend police stations on specified dates, provide contact details, and refrain from influencing witnesses or leaving the country without permission.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 BNSS despite allegations of assault with a deadly weapon.
- Whether the applicant's status as a victim in a cross‑FIR and lack of prior antecedents justify bail.
- Whether imposing conditions on the applicant is sufficient to safeguard the investigation and trial.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 118(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- Section 482
- cross FIR
- assault with weapon
- bail conditions
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
916-ABA-2549-226.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2549 OF 2026
Dipak @ Rahul Ramesh Ahire …Applicant
Versus
The State of Maharashtra …Respondent
Mr. Bhushan U. Deshmukh a/w. Mr. Shashank S. Patare, for the
Applicant.
Mr. S. V. Walve, APP, for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 22nd SEPTEMBER 2026
PC:-
1. Heard Mr. Deshmukh, learned Counsel appearing for the
Applicant and Mr. Walve, learned APP appearing for the
Respondent-State.
2. This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail
in connection with C.R. No.495 of 2026 registered with Manmad
Police Station, Nashik Rural, Nashik, for the offences punishable
under Sections 109, 118(2), 118(1), 115(2), 352, 351(2), 351(3)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
Page 1
Sonali
916-ABA-2549-226.DOC
3. It is the submission of learned Counsel appearing for the
Applicant that the present case arises out of a cross-FIR. The
Applicant was allegedly assaulted and sustained grievous injuries,
and therefore, he also lodged a cross-FIR bearing C.R. No.196 of
2026 with Manmad Police Station, Nashik Rural, Nashik. It is
further submitted that, out of the four accused, all the co-accused,
except the Applicant, have been arrested and released on regular
bail, as the investigation has been completed. It is submitted that
there are no other antecedents against the Applicant and therefore,
the Applicant is entitled to pre-arrest bail.
4. On the other hand, learned APP strongly opposes the
Anticipatory Bail Application. He submits that the Applicant used a
sickle and inflicted injuries on the Complainant and therefore, the
Anticipatory Bail Application be rejected.
5. The prosecution case is set out in paragraph No.2 of the
order dated 4th August 2026, passed by the learned Additional
Sessions Judge, Malegaon, District- Nashik, passed in Criminal
Anticipatory Bail Application No.817 of 2026, which reads as
under:
Page 2
Sonali
916-ABA-2549-226.DOC
“2-The prosecution story is that, on 29.06.2026 at
about 8:30 p.m., when the informant namely
Papa @ Vinod Madhukar Karosia was parking his
motor-cycle inside the gate of his house, the
applicants and co-accused came there possing
weapons and on account of previous enmity,
abused and threatened to kill the informant.
Thereafter, with intention to kill the informant,
the co-accused Sunny assaulted by means of
sickle on the head of the informant, the applicant
assaulted on the person of informant by means of
sickle, the co-accused Pawan and Lakhan
assaulted on the legs of the informant by means
of iron rod.”
6. Persual of the record shows that there are total four accused.
The Applicant is accused No.2. The accused Nos.1, 3 and 4 have
already been arrested and released on bail. The Applicant also
sustained grievous injuries in the incident in question. The present
case arises out of a cross-FIR. There are no other antecedents
against the Applicant.
7. Accordingly, the case is made out for grant of Anticipatory
Bail by imposing certain conditions. In view thereof, the following
order is passed:
ORDER
(a) In the event of arrest of the Applicant-Dipak @ Rahul
Ramesh Ahire in connection with C.R. No.495 of 2026
Page 3
Sonali
916-ABA-2549-226.DOC
registered with the Manmad Police Station, Nashik
Rural, Nashik, the Applicant is directed to be released
on bail on his furnishing P.R. Bond in the sum of
Rs.30,000/- with one or two solvent sureties in the
like amount.
(b) The Applicant shall attend the concerned Police
Station on 29th September 2026 and 30th September
2026 between 11:00 a.m. to 02:00 p.m. and shall
cooperate with the investigation.
(c) The Applicant shall attend the concerned Police
Station once once in a fifteen days on every first and
third Sunday between 11:00 a.m. to 02:00 p.m. till
filing of the chargesheet.
(d) The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and
shall keep the same updated, in case of any change
thereto.
(e) 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
Page 4
Sonali
916-ABA-2549-226.DOC
such a person from disclosing the facts to the Court or
to any Police personnel.
(f) The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
(g) The Applicant shall not leave India without prior
permission of the Court.
8. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.09.23
18:12:17
+0530
Page 5
Sonali
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.