Bombay High Court
AJAY PANDURANG SURWADEversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
- Bench
- MEHROZ K PATHAN
Holding
The Court granted anticipatory bail to the applicant, subject to stringent conditions, holding that the allegations are prima facie and do not preclude bail.
Summary
Ajay Pandurang Surwade applied for anticipatory bail in connection with FIR No. 513/2024 alleging assault and grievous injury under several sections of the BNS Act, 2023. The prosecution argued that the applicant was specifically named, had prior criminal antecedent, and CCTV footage placed him at the scene, posing a risk to witnesses. The applicant contended he was falsely implicated, that the allegations were general, and that he had no specific overt act, also citing a counter‑FIR where the complainant was an accused. The Court examined the prima‑facie nature of the evidence, the possibility of private defence, and the need to protect the investigation, and concluded that bail could be granted with stringent conditions. Accordingly, the Court ordered the applicant’s release on a personal bond of Rs.50,000 with sureties and imposed conditions of regular reporting, cooperation, non‑interference with witnesses, and restriction from the jurisdiction until charge‑framing.
Issues considered
- Whether anticipatory bail should be granted to the applicant despite allegations of assault and prior criminal antecedent.
- Whether the presence of CCTV footage and alleged risk of tampering with witnesses preclude bail.
- Whether the prima facie nature of the allegations and possibility of private defence justify granting bail with conditions.
Legislation cited
- BNS Act — s. 109, 118(2), 190, 191(2), 191(3), 351(3), 352
Subjects
- anticipatory bail
- assault
- grievous injury
- BNS Act
- private defence
- bail conditions
- criminal antecedent
Judgment
2026:BHC-AUG:13194
1
54.26ABA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
982 ANTICIPATORY BAIL APPLN NO. 54 OF 2026
AJAY PANDURANG SURWADE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr.S.M.Kulkarni
APP for Respondent-State : Mr.S.A.Gaikwad
Advocate for the informant : Mr.T.K.Sant
…
WITH
CRIMINAL APPLICATION NO. 1090 OF 2026
IN ABA NO.54/2026
…
CORAM : MEHROZ K. PATHAN, J.
DATE : 24.03.2026
P.C. :
1] Heard the learned counsel for the applicant, the
learned APP for the respondent-State and the learned
counsel for the informant.
2] The applicant has approached this Court
seeking anticipatory bail in connection with Crime No.
513/2024, registered with Jalgaon City Police Station,
Jalgaon for the offence punishable under Sections 351 (3),
352, 118 (2), 109, 190, 191 (3), 191 (2) of BNS Act, 2023.
2
54.26ABA
3] The case of the prosecution is that crime is
registered on the report of informant Raju Bismilla Patel.
According to informant previously rival reports are lodged
against accused and informant. On 20.11.2024 at about
9.00 a.m. informant, his son Faijan Raju Patel, nephew
Rehan alias Janu Sanju Patel and his brother Mehmud
Bismilla Patel were standing beside Milk Federation near
Surat Railway Gate. At that time while passing from said
place Vishal Ajay Surwade was abusing by seeing them and
bickering started. At that time suddenly, Raj Ajay Surwade,
Prem alias Chhotu Vijay Surwade, Siddharth Wankhede,
Mangesh Balu Kajve came with wooden log in their hands,
Dinesh Dipak Mane came with wooden plank in hand, Vicky
Dipak Mane came with wooden stick and knife and
assaulted on the informant and others. At the same time,
Dipak Punaji Mane, Bhushan Pandit Rajan. niece of Ajay
Surwade, Ajay Pandurang Surwade, applicant and Ravi
Janjale assaulted them by pelting stone and bricks. At that
time Vishal Ajay Surwade assaulted them by iron rod. Vishal
Surwade, Vicky Mane, Prem Surwade assaulted informant
by iron rod and wooden log and broken his head due to
which he sustained grievous injury. At that time all accused
were threatening to kill informant. Raju Surwade, Dinesh
Mane, Ajay Survade, Prem Surwade, Bhushan Rajan, Vishal
Surwade assaulted informant's son Faijan Patel by the
weapon in their hands due to which he sustained grievous
3
54.26ABA
injury to his head, his hand sustained contusion, he also
sustained bleeding injury to his brain. Informant's nephew
and brother have also sustained grievous injury to their
heads, hence, they are admitted in hospital. All the accused
threatened to kill them. Hence the report.
4] The learned counsel Mr.Kulkarni for the
applicant submits that the applicant is falsely implicated in
the present crime. The basic allegations of assault are
against the son of the applicant. The entire family of the son
of the applicant is deliberately roped in the present crime to
wreak vengeance against the family of the applicant. The
applicant has already lost his son in law in the same
incident and FIR being Crime No.511/2024 is registered by
the son of the applicant wherein the complainant Raju Patel
is also an accused. The allegations against the present
applicant are general in nature. There are no specific overt
act attributed to the applicant about assault and injury
sustained by the complainant Raju Patel, his son Faijan
Patel and other Mehmud Patel and Rehan @ Janu Sanju
Patel. The learned counsel for the applicant further submits
that apart from the FIR being Crime No.121/2021, there are
no criminal antecedents against the present applicant. The
applicant has already lost his son in law in the same
incident and being prosecuted now for the assault in the
same incident. The applicant is falsely implicated in the
present crime. The applicant is ready to abide by any
4
54.26ABA
conditions that may be imposed by this Court. Hence, the
applicant may be released on anticipatory bail.
5] As against this, the learned APP Mr.Gaikwad as
the learned counsel for the complainant vehemently
opposes the present application on the ground that the
applicant is having criminal antecedent and there is one
crime registered against the present applicant in respect of
attempting to commit murder. The applicant is specifically
named in the FIR to have assaulted the complainant and his
son by means of dangerous weapons. The offence is
punishable for life imprisonment. Hence, the applicant may
not be released on anticipatory bail.
6] The learned APP further submits that there is
CCTV footage, which is recorded and transcript by the
police authorities, which shows the presence of the
applicant on the spot assaulting the witness Faijan Patel by
means of rail checker. If the applicant is released on
anticipatory bail, there is likelihood that the applicant may
again involve in such criminal activities and thereby
threaten the prosecution witness and cause prejudice to the
prosecution. The injury certificate shows grievous injuries
sustained by the complainant and his son. Hence, the
applicant may not be released on anticipatory bail.
5
54.26ABA
7] I have gone through the investigation papers
made available by the learned APP. The charge sheet is filed
in the said crime, which shows that the applicant is
absconding, however, the investigation papers shows that
there is earlier counter FIR bearing Crime No.511/2024 is
at the behest of the son of the applicant wherein the
complainant is an accused. The allegations are about
committing murder of the deceased, who is son in law of
the present applicant. The incident appears to have taken
place at the spur of moment and the allegations are general
in nature against the present applicant and other accused
persons of assaulting the complainant party. The injury
certificate though shows that the grievous injuries are
sustained by the complainant and his son, however, the
same cannot be said directly attributed to the present
applicant as there are other assailants also named in the FIR
and the supplementary statement recorded during the
course of investigation. The possibility of the assault
attributed to the applicant being made in private defence
cannot be rule out as there are allegations of free fight,
where the son-in-law of applicant was also killed. Be that as
it may, these observations are prima facie in nature and the
same may not influence the trial Court. The apprehensions
of the learned APP as well as the learned counsel for the
complainant can be taken care of by imposing stringent
conditions upon the present applicant. Hence, I am inclined
to protect the present applicant. Hence the following order :
6
54.26ABA
ORDER
I] In the event of arrest of the applicant, he be
released on furnishing P.R. bond of Rs.50,000/-
[Rs. Fifty Thousand], with two solvent sureties in the
like amount, in connection with Crime No. 513/2024,
registered with Jalgaon City Police Station, Jalgaon
for the offence punishable under Sections 351 (3),
352, 118 (2), 109, 190, 191 (3), 191 (2) of BNS Act,
2023, on the following conditions :
A] The applicant is directed to attend the
concerned police station and report to the
Investigating Officer on 30.03.2026, 31.03.2026,
06.04.2026, 07.04.2026, 13.04.2026 and 14.04.2026
between 11.00 a.m. and 1.00 p.m. and thereafter as
and when called by the Investigating Officer.
B] The applicant shall also co-operate with the
investigation.
C] The applicant shall not pressurize the
prosecution witnesses and shall not tamper with the
prosecution evidence, in any manner.
D] The applicant shall not enter the jurisdiction of
7
54.26ABA
the Jalgaon City Police Station, Jalgaon till framing of
the charge.
8] Needless to say, violation of any of the aforesaid
conditions shall entitle the prosecution to seek cancellation
of the anticipatory bail.
9] The observations made herein above are prima
facie in nature and shall not influence the Trial Court while
deciding the case on its own merits.
10] The Anticipatory Bail Application is disposed of
accordingly.
11] In view of the disposal of the Anticipatory Bail
Application, the Criminal Application No.1090 of 2026 is
also disposed of.
[MEHROZ K. PATHAN]
JUDGE
DDC
Checking your session…