Bombay High Court
GURMEET SINGH LABANAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- N R BORKAR
Holding
The court allowed the anticipatory bail application, granting bail subject to conditions.
Summary
The applicant, Gurmeet Singh Labana, filed an anticipatory bail application fearing arrest in Crime No. 1002 of 2025 registered at Ulhasnagar Police Station for offences under Sections 109, 352, 115(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 37(2) & 135 of the Maharashtra Police Act. The prosecution alleged that during a dispute over negligent driving, the applicant’s co‑accused assaulted the first informant with a sharp weapon and attempted murder, and that the applicant himself assaulted the informant with fists and kicks. The applicant contended that the knife assault was not attributable to him, he had no prior criminal record, and there was no need for custodial interrogation. The learned APP for the State argued that the nature of the crime warranted denial of bail. After examining the FIR, the court found the assault not attributable to the applicant, noted the lack of pre‑meditation and no antecedents, and therefore granted anticipatory bail with conditions of bond, sureties, cooperation with investigation, and non‑commission of further offences.
Issues considered
- Whether anticipatory bail should be granted to the applicant despite allegations of assault and attempted murder
- Whether the alleged assault with a sharp weapon can be legally attributed to the applicant
- Whether the applicant’s lack of prior criminal antecedents influences the grant of anticipatory bail under the Bharatiya Nyaya Sanhita and Maharashtra Police Act
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 3(5), 352
- Maharashtra Police Act — s. 135, 37(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Maharashtra Police Act
- assault
- bail conditions
Judgment
905-aba-461-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 461 OF 2026
Gurmeet Singh Labana …Applicant
V/s.
The State of Maharashtra ...Respondent
Mr. Monty Teckchandani i/b Adv. Amandeep Bolle, Advocate for the
Applicant.
Mr. B. V. Holambe Patil, APP for the Respondent/State.
CORAM : N.R. BORKAR, J.
DATE : 27.02.2026.
P.C. :
1. This is an application for Anticipatory Bail.
2. The applicant is apprehending his arrest in Crime No.
1002 of 2025 registered at Ulhasnagar Police Station, for the
offences punishable under Sections 109, 352, 115(2), 3(5) of the
Bharatiya Nyaya Sanhita and Sections 37(2) & 135 of the
Maharashtra Police Act.
3. It is the case of the prosecution that on the date of the
incident, which took place on 08.12.2025, a dispute arose
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between the first informant on one side and the present applicant
and the co-accused on the other side on account of rash and
negligent driving. It is alleged that during the said dispute, the co-
accused in the present crime has assaulted the first informant by
sharp weapon and attempted to commit his murder.
4. I have heard the learned counsel for the applicant and
the learned APP for the respondent-State.
5. The learned counsel for the applicant submits that the
alleged assault by a knife is not attributed to the present
applicant. It is submitted that nothing is to be recovered at the
instance of the applicant and therefore there is no need of
custodial interrogation. It is further submitted that there are no
other criminal antecedents against the applicant.
6. On the other hand, the learned APP for the respondent-
State submits that the present applicant has assaulted the first
informant by fist and kick blows. It is submitted that considering
the nature of crime, the applicant may not be released on
anticipatory bail.
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7. I have perused the first information report. Prima-facie,
the incident does not appear to be premeditated. The assault by
the sharp weapon is not attributed to the present applicant. There
are no other criminal antecedents against the applicant.
Considering the overall facts and circumstances, I am inclined to
release the applicant on anticipatory bail. In the result, the
following order is passed :
ORDER
a) The Application is allowed.
b) In the event of arrest of the applicant in
connection with Crime No. 1002 of 2025 registered
at Ulhasnagar Police Station, for the offences
punishable under Sections 109, 352, 115(2), 3(5) of
the Bharatiya Nyaya Sanhita and Sections 37(2) &
135 of the Maharashtra Police Act, the applicant be
released on bail on furnishing P.R. Bond in the sum
of Rs. 25,000/- with one or two sureties in the like
amount.
c) The applicant shall attend the concerned
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police station as and when called by the
investigating officer and shall co-operate in the
investigation.
d) The applicant shall not commit any other
crime.
[N.R.BORKAR, J.]
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