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
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bharatiya Nyaya Sanhita — s. 109, 118(1), 118(2), 190, 191(2), 191(3), 351(3), 352
Subjects
- anticipatory bail
- Section 482
- BNSS
- BNS
- criminal procedure
- age factor
- bail conditions
- unlawful assembly
- assault
Judgment
1/5
4- ABA-536-2026 (CR).DOC
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
Shantanu S. Dhudum
2/5
4- ABA-536-2026 (CR).DOC
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
Shantanu S. Dhudum
3/5
4- ABA-536-2026 (CR).DOC
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
Shantanu S. Dhudum
4/5
4- ABA-536-2026 (CR).DOC
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
Shantanu S. Dhudum
5/5
4- ABA-536-2026 (CR).DOC
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
Checking your session…