Bombay High Court

VILAS ARJUN RAUTversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Dismissed

Holding

The court held that the prima facie case disclosed in the FIR is sufficient to deny anticipatory bail to the applicant.

Summary

The applicant, Vilas Arjun Raut, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail for alleged offences arising from a June 27, 2026 assault on the informant Suraj Kadam and his friend. The FIR alleges that Raut, along with nine others, assaulted the victims with fists, an iron rod and a cable wire, causing multiple injuries. The applicant contended that even if the FIR is taken at face value, the serious offences under Sections 109 and 140 of the BNSS are not made out and at most the conduct would attract Section 118(1). The State argued that the FIR specifically names the applicant, that he participated in the assault, and that custodial interrogation is necessary. The court examined the FIR, found a prima facie case of participation in a violent assault, and concluded that no ground for indulgence existed. Consequently, the anticipatory bail application was dismissed.

Issues considered

Whether anticipatory bail can be granted under Section 482 of the BNSS in view of the alleged offences.
Whether the allegations under Sections 109 and 140 of the BNSS are sufficiently established to deny bail.
Whether the applicant’s alleged participation in the assault justifies denial of pre‑arrest bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 140(1), 189(2), 190, 191(2), 351(2), 351(3), 352

Subjects

anticipatory bail
Section 482
assault
pre‑arrest bail
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
FIR
injury
bail denial

Judgment

902-ABA-519-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 519 OF 2026

Vilas Arjun Raut …...Applicant
Versus.
The State Of Maharashtra And Anr. …...Respondent

-----
 Mr. Viresh Purwant (Through V.C.) i/b. Mr. Ashutosh M. Purwant for
Applicant.
 Mr. C.D. Mali, A.P.P. for Respondents-State.
 Officer : PC/847 Mr. Dhanaji Bagal, Madha Police Station, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 6th October 2026.

PER COURT :

1. Heard, Mr. Viresh Purwant, learned Advocate for the Applicant, and

Mr. C.D. Mali, learned A.P.P. for the Respondents-State.

2. By the present Application under Section 482 of the Bharatiya Nagarik

Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail in connection

with Crime No. 182 of 2026, dated 27/06/2026, registered at Madha Police

Station, District Solapur Rural, for offences punishable under Sections 109,

140(1), 115(2), 352, 351(2), 351(3), 189(2), 190 and 191(2) of the

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902-ABA-519-2026 (CR).docx

Bharatiya Nyaya Sanhita, 2023.

3. The FIR has been lodged at the instance of the Informant (Suraj

Kadam), who is also the victim. In the FIR, the Informant has referred to the

incident dated 27th June 2026, wherein the Applicant - Vilas Arjun Raut

(Accused No. 3), along with nine (9) other accused, seven of whom are

named and three are unknown, followed the Informant and thereafter

assaulted the Informant and his friend (Atharv Ubale) with fist blows to their

faces and abused them, as well as threatened them. The weapons used in the

assault, as per the FIR, are an iron rod and a cable wire. The Informant and

his friend suffered injuries on the face, head, back, hand and abdomen in the

said assault.

4. Mr. Viresh Purwant, learned Advocate for the Applicant, submits that

even if the allegations in the FIR are taken at their face value, the offences

under Sections 109 and 140 of the BNSS, 2023, are not made out. He further

submits that at the most the allegations in the FIR made by the Informant

would constitute an offence under Section 118(1) of the BNSS, 2023. He

therefore seeks pre-arrest bail for the Applicant.

5. Mr. C.D. Mali, learned A.P.P. for the Respondents-State, by referring to

the FIR and the narration of the incident dated 27 th June 2026, submits that

the Applicant's involvement in the present crime, along with the other

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902-ABA-519-2026 (CR).docx

accused, is made out and that custodial interrogation of the Applicant is

required. He states that according to the investigation papers, the Informant

has sustained 4 injuries, while his friend has sustained 34 injuries in the said

assault.

6. Perused records.

7. The FIR in Crime No. 182 of 2026 details how the accused persons,

including the Applicant, have committed the alleged offence and assaulted

the Informant and his friend. The Informant and his friend have sustained

injuries in the assault. The Informant specifically names the Applicant and

refers to his overt acts in the FIR.

8. Prima facie, the alleged offence is disclosed against the Applicant, who

apparently participated in the assault. Considering the nature of the

allegations and the severity of the offence, no case for indulgence is made

out.

9. In view of the above, the Anticipatory Bail Application No. 519 of 2026

is dismissed.

[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.10.07
10:52:28 +0530

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