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Bombay High Court

MAYUR DINKAR NIKAMversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Anticipatory bail was denied because the alleged offences are serious, the applicant has prior bodily offence convictions, and credible eyewitness evidence contradicts his claim of alibi.

Summary

The applicant, Mayur Dinkar Nikam, sought anticipatory bail in connection with an alleged assault and threat against an informant on 15 March 2026. The prosecution alleged that Nikam, along with co‑accused, held the informant’s neck and threatened him with a scythe, asserting that the informant was cooperating with police. The applicant contended he was in Mumbai at the time and that the FIR was false, while the State argued he is a gang member with three prior bodily offence charges, including two under the Maharashtra Control of Organised Crime Act, 1999, and is absconding. The court noted the seriousness of the alleged offences, the presence of eyewitnesses, and the applicant’s prior criminal record. Consequently, the court dismissed the anticipatory bail application, directing the trial court to decide the case on its merits without being influenced by the present order.

Issues considered

  • Whether the applicant is entitled to anticipatory bail despite the seriousness of the alleged assault and threat.
  • Whether prior offences and alleged absconding disqualify the applicant from anticipatory bail.
  • Whether the applicant’s claim of being elsewhere at the time of the incident is credible in view of eyewitness testimony.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • threat
  • organized crime
  • false FIR
  • absconding
  • serious offence

Judgment

                                                       938 ABA-2669-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2669 OF 2026
Mayur Dinkar Nikam                                        …Applicant
            Vs.
State of Maharashtra                                      …Respondent


Mr. Shrirang Katneshwarkar a/w. Mr. Sandeep Gupta, for the
Applicant.
Ms. Savita M. Yadav, APP for the Respondent-State.


                        CORAM:       MADHAV J. JAMDAR, J.
                        DATE :       24th SEPTEMBER, 2026
P. C.:

1.       Heard    Mr.   Shrirang   Katneshwarkar,        learned   counsel

appearing for the Applicant and Mr. Yadav, learned APP for the

State.



2.       By this Anticipatory Bail Application, the Applicant is seeking

pre-arrest bail in connection with C.R. No. 148 of 2026 registered

with Panchawati Police Station, Nashik City for the offences

punishable under Sections 135 of the Maharashtra Police Act,

1951, Section 7 of the Criminal Law (Amendment) Act, 2013 and

Sections 191(3), 189(4) and 110 of the Bharatiya Nyaya Sanhita,

2023.




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                                                    938 ABA-2669-2026.DOC
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3.     The prosecution case is set out in paragraph No. 2 of the

order dated 25th August 2026 passed by the learned Additional

Sessions Judge, Nashik in Criminal Bail Application No. 1612 of

2026. The said paragraph No.2 reads as under :-


      “2.    Brief facts giving rise to the present application

      are as under:


             On 15.03.2026 at about 9.30 to 10.00 p.m.

      informant Nilesh Ranmale alongwith his friends Vicky

      Bhadange, Rahul Ranmale, Sanket Jondhale and Ravi

      Patil were chitchatting near Hanuman mandir. All of a

      sudden, 3-4 motorcycles came and stopped near the

      informant. Harshad Patankar and Mayur Nikam get down

      from the motorcycle and tightly hold informant's neck.

      Shravan Pagare pushed the informant and told Harshad

      that informant is giving their intimation to police and

      they should not let informant go alive. After that,

      Harshad Patankar and Rupesh Tajne came towards

      informant armed with scythe in their hands. Other 4 to 5

      unknown persons were also with them. Harshad Patankar

      said that he will kill informant and Harshad and Rupesh



                                   Page 2 of 5
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                                                     938 ABA-2669-2026.DOC
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      started moving towards informant. However, informant

      forcefully pushed and rescued his neck from Harshad and

      ran away from the spot. Due to fear of scythe in the

      hands of Harshad and Rupesh, informant's friends who

      were present on the spot have not came forward to

      rescue informant.”


4.     Thus, as per prosecution case, co-accused Harshad Patankar

and the present Applicant came on a motorcycle where the First

Informant and his friends were chitchatting. The present Applicant

tightly hold the First Informant’s neck and started giving threats as

according to the Applicant and other co-accused, the First

Informant and his friends were informing the police about the

activities of the Applicant and the co-accused and therefore the

First Informant and his friends were assaulted.


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

Applicant that the Applicant is not involved in the crime. He states

that in fact when the incident took place, the Applicant was in

Mumabi and false F.I.R. is filed.




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skt



6.    On the other hand, Ms. Yadav, learned APP submits that the

Applicant is member of a gang. There are three offences registered

against the Applicant out of which two offences were registered in

the year 2025 and one in the year 2026. All offences are bodily

offences. She points out the observations made in the order dated

25th August 2026 passed by the learned Additional Sessions Judge

that two crimes under the Maharashtra Control of Organised Crime

Act, 1999 are registered against the Applicant and that the Accused

is absconding. She, therefore, submits that the Applicant is not

entitled to get the anticipatory bail.



7.    Perusal of record shows that the offence is very serious

where the Applicant along with co-accused assaulted the First

Informant and his friends and threatened them that they would kill

them as the First Informant and his friends were informing to the

police about the activities of the Applicant and the co-accused.

Thus, the offence is very serious.


8.    Although, it is the contention of learned counsel for the

Applicant that the Applicant was in Mumbai when the incident

took place, there are eye-witnesses to the incident.




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                                                     938 ABA-2669-2026.DOC
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9.    There are three offences registered against the Applicant,

two of which are of the year 2025 and one is of the year 2026.

Accordingly, no case is made out for grant of anticipatory bail.


10.   The Anticipatory Bail Application is dismissed.


11.   The observations in this order are made for considering this

Anticipatory Bail Application. The learned Trial Court shall not be

influenced by any of the observations made hereinabove and shall

decide the case on its own merits.

                                            [MADHAV J. JAMDAR, J.]




                                    Page 5 of 5
                              24th September, 2026


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