Bombay High Court
SAMEER SAIFAN INAMDAR AND ANR.versusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The court granted anticipatory bail to the applicants, holding that the facts are identical to the earlier case and no distinguishing circumstances exist.
Summary
The applicants, Sameer Saifan Inamdar and Aman Sameer Inamdar, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with Crime No. 414 of 2026 involving alleged offences under Sections 119(1), 118(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The court noted that the allegations against the applicants were identical to those against Accused No. 2 (Malik Inamdar) in a related anticipatory bail application (No. 376 of 2026) which had been granted. The court examined the investigation papers, medical certificates and the fact that the injuries were simple, and observed that the applicants had no criminal antecedents. Relying on the earlier order and finding no distinguishing circumstances, the court allowed the present anticipatory bail application with a set of reporting and conduct conditions. The applicants were directed to furnish a personal bond of Rs 50,000 each and to cooperate with the investigation.
Issues considered
- Whether the applicants are entitled to anticipatory bail under Section 482 of the BNSS in view of the facts and prior order in Application No. 376 of 2026?
- Whether there are any distinguishing facts that would justify a different decision from the earlier anticipatory bail order?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 118(1), 119(1), 3(5), 351(2), 352
Subjects
- anticipatory bail
- pre‑arrest bail
- Section 482
- BNSS
- BNS
- criminal procedure
- no criminal antecedents
- conditions of bail
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.575 OF 2026
1. Sameer Saifan Inamdar
2. Aman Sameer Inamdar ….Applicants
Versus.
The State Of Maharashtra and Anr. ....Respondents
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Mr. Tehjeej A. Nadaf a/w Mr. Kunal Nalawade and Adv. Akshada Patil, for
Applicant.
Digitally signed
Mr. S. H. Yadav, A.P.P., for Respondent Nos.1 and 2 - State.
by SHANTANU
SHANTANU SHANKARSA
DHUDUM
SHANKARSA
DHUDUM Date:
2026.10.01
PSI, Mr. Pravin A. Pande, Sadar Bazar Police Station, present.
19:05:41
+0530
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 30th SEPTEMBER, 2026.
P.C.
1. Heard Mr. Tehjeej A. Nadaf, learned Advocate for the Applicants,
and Mr. S. H. Yadav, learned A.P.P. for Respondent Nos. 1 and 2 – State.
2. By this Application filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicants seek
pre-arrest bail, apprehending arrest in connection with Crime No. 414 of
2026 registered with the Sadar Bazar Police Station, District Solapur City,
Shantanu S. Dhudum
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for offences punishable under Sections 119(1), 118(1), 352, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”).
3. Mr. Tehjeej A. Nadaf, learned Advocate for the Applicants, states
that there are four (4) Accused in Crime No. 414 of 2026. Applicant No. 1
is Accused No. 1 and Applicant No. 2 is Accused No. 3.
4. Mr. Tehjeej A. Nadaf, learned Advocate for the Applicants, states
that the allegations against the Applicants are identical to those against
Accused No. 2 (Malik Inamdar ) in the said crime. He submits that the
allegations against Applicant No. 1 involve using an iron rod and against
Applicant No. 2, using a knuckle duster. He submits that all the injuries on
the Informant are simple in nature. He states that the Applicants have no
criminal antecedents. Referring to paragraph No. 5 of the order dated 28th
July, 2026, passed in Criminal Anticipatory Bail Application No. 376 of
2026 (Coram: Mehroz K. Pathan, J.), in the case of Accused No. 2 he
submits that the said conclusions would squarely apply to the Applicants.
Paragraph No. 5 of the order dated 28th July, 2026, passed in Criminal
Anticipatory Bail Application No. 376 of 2026, reads as follows:-
“5. I have gone through the investigation papers. Though the
papers contain the statements of eye-witnesses, FIR No.
415/2026 filed by the Applicant/Malik Inamdar, shows that
the Applicant was also assaulted by means of a wooden stick,
and relevant sections of the BNS were invoked against the
nephew of the Complainant/ Affan. A perusal of the
investigation papers further shows that the injury certificate
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dated 31.05.2026, purportedly issued by Solapur Central
Multispecialty Hospital, Solapur, was obtained from a private
hospital. The incident took place on 24.05.2026, however, the
investigation papers do not contain any MLC or other
documents evidencing that the Complainant was immediately
taken to the hospital on 24.05.2026. The certificate dated
31.05.2026 does not mention the date of admission or
discharge of the Complainant/ Affan. The MLC certificate
issued by the Government Hospital shows that the
Complainant/Affan, was initially examined on 24.05.2026,
and the injuries were noted to be simple in nature. However,
the medical certificate issued on 31.05.2026 by Solapur
Hospital surprisingly records the injuries as grievous in nature.
Be that as it may, the injuries appear to be an outcome of a
common, free-for-all fight allegedly happened on 24.05.2026.
The spot panchanama also does not show any pieces of glass
scattered on the ground after the assault, nor was any bottle
found at the spot. The submission of the learned Counsel for
the Applicant, that the present FIR is an outcome of the
incident reported in FIR No. 415/2026, thus appears probable
at this stage. However the observations made herein are prima
facie in nature and shall not influence the Trial Court while
deciding the case on its own merits.
. Taking into consideration the aforesaid evidence and
particularly the Applicant is not having any criminal
antecedents and he is ready to abide by any conditions that
may be imposed by this Court, I am inclined to exercise the
discretion under Section 482 of the BNSS to release the
Applicant on bail.”
5. Mr. S. H. Yadav, learned A.P.P. for Respondent Nos. 1 and 2 –
State, submits that this Court has considered the allegation and the
Shantanu S. Dhudum
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incident and has opined on the medical certificate and the injuries
sustained by the Complainant, as reflected in the order dated 28 th July,
2026, passed in Criminal Anticipatory Bail Application No. 376 of 2026.
6. Perused the records and the order dated 28th July, 2026 passed
in Criminal Anticipatory Bail Application No. 376 of 2026.
7. This Court, while dealing with Criminal Anticipatory Bail
Application No. 376 of 2026, has considered the incident in Crime No. 414
of 2026 after referring to the investigation papers and has made
observations regarding the medical certificates and the fight. On these
conclusions, this Court has granted pre-arrest bail to Accused No. 2. No
material indicates any distinguishing circumstances for this Court to take a
different view in the case of the Applicants. The observations made by this
Court in paragraph No. 5 of the order dated 28th July, 2026, in Criminal
Anticipatory Bail Application No. 376 of 2026 will apply to the case of the
Applicants.
8. This Application is therefore allowed on the following terms and
conditions:
ORDER
A) In the event of arrest of the Applicants – (1) Sameer Saifan
Inamdar and (2) Aman Sameer Inamdar, in connection
with Crime No.414 of 2026 registered with Sadar Bazar
Shantanu S. Dhudum
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Police Station, District Solapur City, the Applicants shall be
released on bail on furnishing P.R. Bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) each, with one
or two solvent sureties in the like amount, to the
satisfaction of the Investigating Officer, Sadar Bazar Police
Station, District Solapur City.
B) The Applicants shall report to the Investigating Officer at
Sadar Bazar Police Station, District Solapur City on 5 th , 6th
and 7th October 2026 from 10.00 a.m to 1.00 p.m.,
thereafter on every Monday and Saturday between 11:00
a.m. to 2:00 p.m. and thereafter as and when called by the
Investigating Officer, till filing of the charge-sheet.
C) The Applicants shall co-operate with the investigation in
Crime No.414 of 2026.
D) The Applicants shall not directly or indirectly make any
inducement, threat or promise to any person/s acquainted
with the facts of the case to dissuade such person/s from
disclosing the facts to the Court or any police officer.
E) The Applicants shall provide the Investigating Officer with
their residential addresses along with proof thereof and
their contact numbers and shall inform the Investigating
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Officer of any changes to this information from time to
time.
9. Anticipatory Bail Application No.575 of 2026 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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