Bombay High Court

ABHISHEK SANDIP VICHAREversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed Off

Holding

The court held that, in the absence of any opposition and with the applicant’s willingness to cooperate with the investigation, the anticipatory bail application should be disposed of (i.e., granted).

Summary

The applicant, Abhishek Sandip Vichare, filed an anticipatory bail application fearing arrest in a case registered on 29/05/2026 for offences under the Bharatiya Nyaya Sanhita, 2023. After receiving a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, he visited the police station but the investigation was delayed. The investigating officer required his presence on 18 August 2026, to which the applicant agreed to cooperate. The respondent’s counsel did not oppose the applicant’s request for bail. Considering the applicant’s willingness to cooperate and the lack of opposition, the court disposed of the anticipatory bail application, effectively granting bail.

Issues considered

Whether anticipatory bail should be granted for the alleged offences under the Bharatiya Nyaya Sanhita, 2023.
Whether the applicant’s willingness to cooperate with the investigation negates the need for pre‑arrest detention.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 35(3)
Bharatiya Nyaya Sanhita, 2023 — s. 118(1), 118(2), 3(5), 351(2), 352

Subjects

anticipatory bail
pre‑arrest bail
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
cooperation with investigation
criminal procedure

Judgment

20-ABA-400-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 400 OF 2026

Abhishek Sandip Vichare … Applicant
Versus
The State of Maharashtra And Anr. … Respondents

——————
Mr. Suraj R. Salokhe for the Applicant.
Mr. S.S. Chaudhari, A.P.P. for the Respondents-State.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 17th August 2026.

PER COURT :

1. By the present Anticipatory Bail Application, the Applicant seeks pre-

arrest bail, apprehending arrest in Crime No. 319 of 2026, dated

29/05/2026, registered with Rajarampuri Police Station, District Kolhapur,

for the offences punishable under Sections 118(2), 118(1), 352, 351(2), 3(5)

of the Bharatiya Nyaya Sanhita, 2023.

2. Mr. Suraj Salokhe, learned Advocate for the Applicant states that, upon

receipt of the notice under Section 35(3) of Bharatiya Nagarik Suraksha

Sanhita, 2023, the Applicant has been visiting the Police Station, however it

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20-ABA-400-2026 (CR).docx

was on account of the Investigating Officer being held up in some exigency,

the investigation could not progress further.

3. Mr. Chaudhari, learned A.P.P., on instructions, states that the

Investigating Officer requires the Applicant to be present before her on 18 th

August 2026, from 10:00 a.m. to 1:00 p.m. for investigation.

4. Mr. Suraj Salokhe, learned Advocate for the Applicant, on instructions,

submits that the Applicant shall remain present before the Investigating

Officer on 18th August 2026, from 10:00 a.m. to 1:00 p.m. and shall co-

operate in the investigation of Crime No. 319 of 2026, dated 29/05/2026,

registered with Rajarampuri Police Station, District Kolhapur.

5. In view of the statement made by Mr. Chaudhari, learned A.P.P., Mr.

Suraj Salokhe, learned Advocate for the Applicant states that this Application

be disposed of.

6. Mr. Chaudhari, learned A.P.P. does not oppose the request made by Mr.

Suraj Salokhe, learned Advocate for the Applicant.

7. In view thereof, Anticipatory Bail Application No. 400 of 2026 is

disposed of.

Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
2026.08.17
19:44:37 +0530

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