Bombay High Court

AJAY KUMAR R BHARTIYA AND ANRversusSTATE OF MAHARASHTRA

Decided: 17 June 2026
Disposal: Disposed Off
Bench: PRAFULLA S KHUBALKAR

Holding

The court disposed of the anticipatory bail application, directing compliance with section 35 of the Bhartiya Nagrik Suraksha Sanhita, 2023 and requiring the applicants to cooperate with the investigating officer.

Summary

Applicants Ajay Kumar R Bhartiya and another filed an anticipatory bail application after being charged under multiple sections, which were later dropped, leaving only a charge under section 317(2) of the Bhartiya Nyaya Sanhita, 2023, punishable by up to three years imprisonment. The applicants sought bail and urged the court to direct compliance with section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The court granted leave to amend the application, noted the reduced charge, and ordered the investigating officer to follow the procedure under section 35 of the BNSS while directing the applicants to cooperate with the investigation. No substantive discussion on bail was made; instead, the court focused on procedural compliance. Consequently, the anticipatory bail application was disposed of with these directions.

Issues considered

Whether anticipatory bail should be granted when the only remaining charge is under section 317(2) of the Bhartiya Nyaya Sanhita, 2023.
Whether the investigating agency must comply with the procedure prescribed under section 35 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in the context of the anticipatory bail application.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 35, 35(3)
Bhartiya Nyaya Sanhita, 2023 — s. 317(2)

Subjects

anticipatory bail
section 317
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita
procedural compliance
criminal procedure

Judgment

                                                  904-ABA-68-2026.ODT




       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
       ANTICIPATORY BAIL APPLICATION NO. 68 OF 2026
Ajay Kumar R Bhartiya And Anr.                      …Applicants
      Versus
The State of Maharashtra                            …Respondent


Adv. Tuushar Sonawane, for the Applicant.
Mr. Prasanna P. Malshe, A.P. P., for the Respondent – State.
PSI Santosh Wakchaure, Bhiwandi Taluka Police Station,
Thane City, is present.


                     CORAM :       PRAFULLA S. KHUBALKAR, J.
                     DATE     :    17TH JUNE 2026
PC:-

1.     Learned Counsel for the applicants seeks leave to amend
and state the details of antecedents in Paragraph No. 13 of the
memorandum of the application.


2.     Leave granted.


3.     Necessary amendment be carried out forthwith.


4.     Learned Counsel for the applicants submits that although
the offence was registered under various sections as mentioned
in the FIR, subsequently after investigation proceeded, the
charges are dropped as against all the sections by the
prosecution agency and now only section for which the



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                                                904-ABA-68-2026.ODT




applicants are charged is under section 317(2) of Bhartiya
Nyaya Sanhita, 2023 (for short, “BNS”), which is punishable
with imprisonment upto three years. He therefore submitted
that considering the nature of the offence, the personal liberty
of the applicants may be protected by issuing appropriate
directions regarding compliance of the provisions of Section
35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short,
“BNSS”).



5.    Learned APP, on instructions, confirms the submission that
the charges against applicants under the earlier sections have
been dropped and the only charge which remains is under
Section 317(2) of BNS.


6.    Although learned Counsel for the applicants invited my
attention to the earlier orders which were passed by the
Magistrate holding arrest of the applicants as illegal and on that
basis tried to point out the false implication of the applicants,
the contentions in that regard need not be gone into in view of
subsequent developments.


7.    Considering the fact that now the only offence alleged
against the applicants is under section 317(2) which is
punishable with imprisonment upto three years, the instant
application can be disposed of by directing the investigating
agency to comply with the procedure under section 35 of the




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                           17th June 2026
                                                     904-ABA-68-2026.ODT




BNSS and by directing applicant to cooperate the investigating
agency. Hence, I pass following order :-


                                   ORDER
              (i) The Investigating Officer is directed to

                   comply the procedure under Section 35 of
                   the Bhartiya Nagrik Suraksha Sanhita, 2023.

              (ii) Applicants are directed to cooperate the

                   investigating agency and report to the
                   Investigating Officer as and when directed.



8.          In view of the above, this Anticipatory Bail Application is
disposed of.



                                        (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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                                17th June 2026

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