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Bombay High Court

ABHIMAN TULSHIRAM GAT AND ANR.versusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

Holding

The Court granted anticipatory bail to Abhiman Tulshiram Gat subject to specified conditions.

Summary

The applicant, Abhiman Tulshiram Gat, aged 78, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in Crime No.160 of 2026 for alleged assault under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he participated in an unlawful assembly and assaulted the informant and his mother with a stick, though injury certificates did not corroborate the claimed injuries. The applicant argued lack of substantive evidence and that custodial interrogation was unnecessary given his age. The court examined the FIR, injury certificates, and the applicant’s cooperation prospects, and concluded that bail was appropriate with conditions. Accordingly, the court granted anticipatory bail, directing the applicant to furnish a bond of Rs.25,000, report to the investigating officer on specified dates, provide address details, and refrain from tampering with evidence or influencing witnesses.

Issues considered

  • Whether anticipatory bail should be granted under Section 482 BNSS for the offences alleged under the BNS.
  • Whether the evidence, including injury certificates, justifies denial of bail.
  • Whether the applicant’s age and the nature of the alleged offences warrant custodial interrogation.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • BNSS
  • BNS
  • criminal procedure
  • age factor
  • bail conditions
  • unlawful assembly
  • assault

Judgment

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

                                            CRIMINAL APPELLATE JURISDICTION

                                      CR. ANTICIPATORY BAIL APPLN. NO. 536 OF 2026

                         1. Abhiman Tulshiram Gat
                         2. Pandurang Tanaji Gat (Deleted)                        …...Applicants

                                  VERSUS.

                         The State of Maharashtra and Anr.                         …...Respondents

                                                              -----


                         Mr. Jaydeep D. Mane a/w Mr. Mihir Mondkar, for Applicants.
                         Dr. Ashvini A. Takalkar, APP, for Respondent Nos.1 and 2 – State.
          Digitally
          signed by
          SHANTANU
                         PSI, Mr. D. S. Bhalerao, Barshi City Police Station, present.
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.09.23
          10:33:18
          +0530
                                                                 -------



                                            CORAM        :   ASHWIN D. BHOBE, J.
                                            DATE         :   22nd SEPTEMBER, 2026.
                         P.C.:-


                         1.          At the outset, Mr. Jaydeep D. Mane, learned Advocate for the

                         Applicants, on instructions from Applicant No. 2 (Pandurang Tanaji Gat),

                         seeks leave to withdraw this Anticipatory Bail Application unconditionally.

                         This request is not opposed by Dr. Ashvini A. Takalkar, learned A.P.P. for

                         Respondent Nos.1 and 2 – State. In view of the statement made by Mr.

                         Jaydeep D. Mane, learned Advocate for the Applicants, leave is granted to

                         withdraw this Application on behalf of Applicant No.2 (Pandurang Tanaji




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         Gat). This Anticipatory Bail Application stands dismissed as against

         Applicant No.2 (Pandurang Tanaji Gat).


         2.          Mr. Jaydeep D. Mane, learned Advocate for the Applicants,

         requests permission to amend the cause title, forthwith, to delete Applicant

         No. 2 (Pandurang Tanaji Gat). Permission is granted. The amendment be

         carried out forthwith. Upon the amendment, Abhiman Tulshiram Gat is the

         sole Applicant in this Application.


         3.          Heard Mr. Jaydeep D. Mane, learned Advocate for the Applicant

         and Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and 2 –

         State.


         4.          By this Application filed under Section 482 of the Bharatiya

         Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant seeks

         pre-arrest bail, apprehending arrest in Crime No. 160 of 2026 registered

         with the Barshi Taluka Police Station, for offences punishable under

         Sections 109, 118(1), 118(2), 191(2), 191(3), 190, 352 and 351(3) of the

         Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”).


         5.          Mr. Jaydeep D. Mane, learned Advocate for the Applicant,

         submits that there are five (5) accused in Crime No.160 of 2026, the

         Applicant being Accused No.4.


         6.          Mr. Jaydeep D. Mane, learned Advocate for the Applicant,

         submits that the prosecution case is that the accused in Crime No. 160 of

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         2026 formed an unlawful assembly with a common object and used force

         against the Informant. Upon formation of the common object, the

         Informant (Gokul Pund), his mother-Mandodari Pund and his wife-Vaishali

         Pund sustained injuries in the assault.


         7.          Mr. Jaydeep D. Mane, learned Advocate for the Applicant,

         submits that the allegation against the Applicant is that he used a stick to

         assault the Informant and his mother-Mandodari Pund. He further submits

         that the injury certificates on record do not indicate any injury resulting

         from the alleged assault on the Informant and Mandodari Pund.


         8.          Mr. Jaydeep D. Mane, learned Advocate for the Applicant, states

         that the Applicant shall appear before the Investigating Officer as and

         when required and cooperate with the investigation in Crime No. 160 of

         2026.


         9.          Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos. 1 and

         2 – State, submits that the Applicant’s presence during the assault on the

         Informant, Mandodari Pund and Vaishali Pund is evident. She, on the basis

         of instructions from the Investigating Officer, submits that the injuries

         sustained by Mandodari Pund and Vaishali Pund are simple in nature.


         10.         Perused the record.


         11.         A perusal of the F.I.R. indicates that the Applicant is alleged to

         have assaulted Mandodari Pund and the Informant with a stick. According

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         to the F.I.R., the Applicant assaulted the Informant and Mandodari Pund on

         their backs. The injury certificates at pages 103 and 104 of the paper-book

         do not indicate that the Informant and Mandodari Pund sustained any back

         injuries.


         12.         Considering the aforesaid circumstances and more particularly

         the Applicant being aged 78 years, custodial interrogation of the Applicant

         is not necessary in Crime No. 160 of 2026.


         13.         In view of the above, this Application is allowed on the following

         conditions:


                                               ORDER


               A)    In the event of the arrest of the Applicant – Abhiman

                     Tulshiram Gat – in Crime No.160 of 2026 registered with

                     Barshi Taluka Police Station, the Applicant shall be released

                     on bail upon furnishing a P.R. Bond in the sum of

                     Rs.25,000/- (Rupees Twenty-Five Thousand Only) with one

                     or two sureties in the like amount, to the satisfaction of the

                     Investigating Officer, Barshi Taluka Police Station.


               B)    The   Applicant   shall   appear    and   report   before    the

                     Investigating Officer at Barshi Taluka Police Station on 28 th ,

                     29th and 30th September 2026 from 10:00 a.m. to 1:00 p.m.

                     and thereafter as and when required by the Investigating

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                     Officer, Barshi Taluka Police Station. The Applicant shall

                     cooperate with the investigation of Crime No.160 of 2026.


               C)    The Applicant shall provide the Investigating Officer with his

                     residential address, along with proof thereof, his contact

                     number and shall inform the Investigating Officer of any

                     change in the said 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 so as to dissuade such person from

                     disclosing the facts to the Court or to any police officer.


               E)    The Applicant shall not tamper with the evidence, in any

                     manner.


         14.         Anticipatory Bail Application No.536 of 2026 is disposed of.




                                                         ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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