Bombay High Court
BIBHISHAN CHATURBHUJ SALGUDEversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed Off
Holding
The court granted anticipatory bail to the applicant, subject to conditions, holding that custodial interrogation is not necessary.
Summary
The applicant, Bibhishan Chaturbhuj Salgude, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case (Crime No. 0219 of 2026) involving assault offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the applicant, along with co‑accused, assaulted an informant with a sickle and other weapons, but the injury certificate showed only simple injuries to the victim, while the applicant himself sustained grievous injuries from a prior incident. The court noted that the applicant had also lodged an FIR against the informant for a related assault and that the weapons had been recovered. Considering the applicant’s own injuries, the lack of serious injury to the victim, and the applicant’s cooperation, the court held that custodial interrogation was unnecessary. Consequently, the court granted anticipatory bail with a cash bond of Rs. 50,000 and imposed reporting and non‑interference conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the nature of the alleged assault and the injuries involved.
- Whether custodial interrogation of the applicant is necessary given the facts.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 118(2), 189(2), 190, 191(2), 191(3), 351(2), 352
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- assault
- bail conditions
- criminal procedure
Judgment
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904-ABA-484-2026(CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.484 OF 2026
Bibhishan Chaturbhuj Salgude ….Applicant
VERSUS.
The State Of Maharashtra and Anr. ....Respondents
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Mr. Gaurav Kalekar i/b Mr. Shubham Vasekar, for Applicant.
Dr. Ashvini A. Takalkar, APP, for Respondent Nos.1 and 2 - State.
Officer: Ashpak Shaikh, Karmala Police Station, present.
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Digitally signed
by SHANTANU
SHANTANU SHANKARSA
DHUDUM
SHANKARSA
Date:
DHUDUM 2026.08.28
10:41:19
+0530
CORAM : ASHWIN D. BHOBE, J.
DATE : 27th AUGUST, 2026.
P.C.
1. Heard Mr. Gaurav Kalekar, learned Advocate for the Applicant
and Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and 2 –
State.
2. By the present Application filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest
bail, apprehending arrest in Crime No. 0219 of 2026, dated 16.03.2026,
registered at Karmala Police Station, District Solapur Rural, for offences
punishable under Sections 118(2), 118(1), 115(2), 351(2), 352, 189(2),
Shantanu S. Dhudum
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904-ABA-484-2026(CR).DOC
190, 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023 (for short,
“BNS 2023”).
3. Mr. Gaurav Kalekar, learned Advocate for the Applicant, states
that there are five (5) accused in Crime No. 0219 of 2026, with the
Applicant being Accused No. 4. He further submits that, after completion of
the investigation, the charge-sheet has been filed, and the same is
registered as R.C.C. No. 212 of 2026 and is pending before the Judicial
Magistrate First Class, Karmala, District Solapur.
4. In brief, the case of the prosecution is that, on 13 th June, 2026,
the Applicant and the co-accused assaulted the Informant (Suraj Salgude)
with kicks, an iron rod and a sickle. The accused persons in Crime No.0219
of 2026 and the Informant have prior enmity.
5. Mr. Gaurav Kalekar, learned Advocate for the Applicant, submits
that although the allegations against the Applicant are that he assaulted
Amit Kashid with a sickle, the injuries reflected in Amit Kashid's injury
certificate are simple in nature. He submits that the Applicant himself
sustained grievous injuries in the assault by the Informant on 13 th March,
2026. He submits that the investigation is complete and the charge sheet
has been filed. He submits that the Applicant shall co-operate with the
investigation and appear before the Investigating Officer as and when
required.
Shantanu S. Dhudum
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904-ABA-484-2026(CR).DOC
6. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos. 1 and
2, submits that the Applicant was involved in the incident dated 13 th
March, 2026. She however does not dispute the submissions made by Mr.
Gaurav Kalekar, learned Advocate for the Applicant, that the injuries
suffered by Amit Kashid, on account of the assault said to be by the
Applicant, are simple in nature . She submits that the weapons used in the
crime have been recovered at the instance of Accused No. 1.
7. Perused the record with the assistance of the learned Advocates
appearing for the parties.
8. Mr. Gaurav Kalekar, learned Advocate for the Applicant, has
stated that Accused Nos. 1 and 2 in Crime No.0219 of 2026, who are
alleged to have assaulted the Informant with sharp weapons, have been
released on Regular bail by the Judicial Magistrate First Class, Karmala,
District Solapur. He further submits that Accused No. 5 has been released
on Anticipatory Bail by this Court on 11th August, 2026, in Criminal
Anticipatory Bail Application No. 445 of 2026.
9. A perusal of the record indicates that Amit Kashid (injured) has
alleged that the Applicant has assaulted him with a sharp weapon.
However, the injury certificate of the Applicant indicates that the injuries
sustained by him are simple in nature.
Shantanu S. Dhudum
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904-ABA-484-2026(CR).DOC
10. The Applicant has filed a complaint against the Informant, in
respect of the incident dated 13 th March, 2026, which was registered as the
F.I.R. on 14th March, 2026. As submitted by Mr. Gaurav Kalekar, learned
Advocate for the Applicant, the Applicant has suffered grievous injuries due
to the assault on 13th March, 2026.
11. The Informant, in respect of the incident dated 13 th March 2026,
lodged the Crime No.0219 of 2026 on 16 th March 2026. The weapons used
in the crime have been recovered at the instance of Accused No.1.
12. Considering the role attributed to the Applicant, the injuries
sustained by the Applicant himself and the fact that the Applicant having
lodged an F.I.R. in respect of the incident on 13 th March, 2026, custodial
interrogation of the Applicant is not necessary.
13. In view of the above, the application is allowed on the following
conditions:
ORDER
(a) In the event of arrest of the Applicant - Bibhishan Chaturbhuj
Salgude, in Crime No.0219 of 2026, dated 16/03/2026,
registered with Karmala Police Station, District Solapur
Rural, the Applicant shall be released on bail on furnishing
P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with one or two sureties in the like amount to the
satisfaction of the Investigating Officer, Karmala Police
Station, District Solapur Rural.
Shantanu S. Dhudum
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904-ABA-484-2026(CR).DOC
(b) The Applicant shall appear and report before the Investigating
Officer at Karmala Police Station, District Solapur Rural, on
31st August, 2026, 1st, 2nd, 3rd and 4th September, 2026 from
10:00 a.m. to 12:00 noon, and thereafter as and when
required by the Investigating Officer, Karmala Police Station,
District Solapur Rural. The Applicant shall cooperate in the
investigation of Crime No.0219 of 2026.
(c) The Applicant shall provide the Investigating Officer with his
residential address along with proof, his contact number and
must inform the Investigating Officer of any changes to this
information from time to time.
(d) The Applicant shall not, directly or indirectly, make any
inducement, threat, or promise to any person acquainted
with the facts of the case to dissuade such person from
disclosing the facts to the Court or any police officer.
(e) The Applicant shall not tamper with the evidence, in any
manner.
14. Anticipatory Bail Application No.484 of 2026 is disposed.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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