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Bombay High Court

ACHIT ALIAS ACHYUTRAO BHAGWANRAO RATHODversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The court granted anticipatory bail, finding no necessity for custodial interrogation at the present stage of investigation.

Summary

The applicant, Achit Rathod, filed an anticipatory bail application fearing arrest in connection with FIR No. 0058/2026, which alleges assault and attempted murder under several sections of the Bharatiya Nyaya Sanhita, 2023. The incident dated 29 January 2026 involved a dispute over land, with the applicant’s wife filing a first report claiming the applicant was the victim and that he sustained injuries. The applicant cooperated with the investigation, and the alleged weapon was seized. The State opposed bail, citing the injuries to the informant and alleging the applicant’s involvement in a serious crime. The court noted the applicant’s lack of prior criminal history, the existence of a counter‑report, and the stage of investigation, concluding that custodial interrogation was unnecessary and granting anticipatory bail, except for clause ‘A’.

Issues considered

  • Whether anticipatory bail should be granted to the applicant despite allegations of assault and attempted murder under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • assault
  • weapon seizure
  • investigation
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

2026:BHC-AUG:23691
                                                                      929-ABA-430-2026.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     ANTICIPATORY BAIL APPLICATION NO. 430 OF 2026

                            Achit Alias Achyutrao Bhagwanrao Rathod
                                             VERSUS
                             The State Of Maharashtra And Another
                                                ...
          Mr. N. B. Narwade, Advocate for Applicant
          Mr. S. G. Joshi, APP for Respondents
                                                ...

                                                          CORAM : R.M. JOSHI, J
                                                          DATE  : JUNE 17, 2026

          PC :

          1.          Applicant apprehends arrest in connection with C.R. No.

          0058/2026 registered with Police Station Ambad, Dist. Jalna for the

          offences punishable under Sections 115-2, 118-1, 118-2, 189-2, 190, 191-2,

          191-3, 352 of the Bharatiya Nyaya Sanhita, 2023.


          2.          First information report lodged by Vijaykumar indicates that an

          incident has occurred on 29.01.2026 at about 17.30 hours in which he was

          abused and assaulted by present Applicant and co-accused over the issue

          with regard to dispute of land. The allegation is that present Applicant used

          sickle to cause serious injury to the Applicant whereas co-accused assaulted

          him with iron rod.


          3.          Learned Counsel for the Applicant submits that in fact in

          respect of said incident, wife of Applicant has lodged report to concerned


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police station indicating that the Informant herein and other accused

persons assaulted Applicant and others. It is his submission that present

report is by way of counterblast. He further states that Applicant has no

criminal history behind him. According to him, in any case, since the

weapon allegedly used in crime has already been seized as the Applicant has

cooperated in investigation, application be allowed.


4.          Learned APP opposed the application by citing injuries to

Informant, which are attributable to the present Applicant. It is his

submission that considering the allegations in FIR and injury certificate, the

involvement of Applicant in serious crime of attempting to commit murder is

made out. He, therefore, seeks rejection of Application.


5.          Perusal of the record shows that wife of Applicant had lodged

report in respect of incident occurred on 29.01.2026, which is first in time.

Moreover, there is document on record to show that Applicant had sustained

injuries in said incident. Apart from the fact that there are disputes between

parties and possibility of false implication exists, admittedly the alleged

weapon used by Applicant in this crime has been seized by the investigating

agency. Moreover, Applicant has cooperated in investigation as per

directions issued by this Court vide order dated 17.03.2026. Considering the

stage of investigation, this Court finds no reason to accept that any custodial

interrogation of the Applicant would be necessary.


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                                                          929-ABA-430-2026.odt




6.          As a result of above discussion, Application deserves to be

allowed and the same is accordingly allowed in terms of interim order dated

17.03.2026 except clause no. ‘A’.


                                                   (R. M. JOSHI, J.)
Malani




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