Bombay High Court
RAJU KERUBA SHINDE AND OTHERSversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
In the absence of specific evidence attributing the injury to the applicants and given the counter‑reports, the Court held that anticipatory bail must be granted with conditions.
Summary
The applicants, six members of the Shinde family, were implicated in an assault case (Crime No. 220/2026) alleging grievous injuries to a victim, with charges under several sections of the Bharatiya Nyaya Sanhita. The FIR and investigation records contain counter‑reports, and no specific overt act is directly attributed to the applicants. The applicants sought anticipatory bail, arguing that the existence of conflicting reports creates reasonable doubt about their involvement. The State and the informant opposed bail, citing the victim's injury certificate and alleging that some applicants threatened the informant and invoked the SC/ST (Prevention of Atrocities) Act. The Court found that, in the absence of concrete evidence linking the applicants to the injury and noting their clean criminal record, liberty could not be denied and granted bail with conditions, while also directing compliance with investigative procedures.
Issues considered
- Whether anticipatory bail should be granted to the applicants despite allegations of assault causing grievous injuries.
- Whether the presence of counter‑reports and lack of specific overt act against the applicants warrants denial of bail.
- Whether alleged threats and a complaint under the SC/ST (Prevention of Atrocities) Act affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 118(1), 118(2), 189(2), 190, 191(2), 191(3), 351(3), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
Subjects
- anticipatory bail
- bail conditions
- assault
- grievous injury
- counter‑report
- liberty
- Bharatiya Nyaya Sanhita
- SC/ST (Prevention of Atrocities) Act
- criminal antecedents
Judgment
2026:BHC-AUG:41566
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
918 ANTICIPATORY BAIL APPLICATION NO. 735 OF 2026
WITH
CRIMINAL APPLICATION NO. 2272 OF 2026
1. Raju Keruba Shinde
2. Aditya Sanju Shinde
3. Sangita Raju Shinde
4. Rutuja Raju Shinde
5. Mina Sanjay Shinde
6. Sanjay Keruba Shinde … APPLICANTS
VERSUS
The State of Maharashtra … RESPONDENT
...
Mr. Milind Madhu Joshi, Advocate for Applicants
Mr. S. P. Joshi, APP for the Respondent/State
Mr. A. A. Shaikh h/f Mr. R. V. Gore, Advocate for the informant
CORAM : R. M. JOSHI, J.
DATED : 9th SEPTEMBER, 2026
PER COURT :-
1. Applicant seeks pre-arrest bail in connection with Crime No. 220/2026,
registered with Bidkin Police Station, District Chhatrapati Sambhajinagar, for
the offences punishable under Sections 109, 118(1), 118(2), 189(2), 191(2),
191(3), 190, 352, 351(3) of the Bharatiya Nyaya Sanhita.
2. The First Information Report indicates that an incident had occurred on
27.03.2026, in which the present applicants alleged to have assaulted the
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witness/victim. The allegation is that the applicants assaulted him with kicks
and fist blows and that someone assaulted him from behind with an iron rod.
In the said incident, the victim sustained grievous injuries.
3. Learned Advocate for the applicants submits that, in the present case,
there are counter-reports in respect of the same incident and, as such, the
possibility of someone else causing the injuries to the victim cannot be ruled
out. It is his submission that, in the absence of any overt act being attributed
to the applicants, their liberty deserves to be protected.
4. Learned APP for the State and learned Advocate for the informant
opposed the grant of protection to the applicants. It is their submission, by
referring to the injury certificate on record, that the victim sustained grievous
injuries in the said incident.
5. Learned Advocate for the informant submits that, after interim relief
was granted to some of the applicants, they threatened the informant and also
lodged a report invoking the provisions of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act. The Court cannot prohibit any
person from lodging a report if any offence is committed against him. As far
as the allegation with regard to the threatening at the hands of some of the
applicants is concerned, for want of any particulars and material to
918 ABA 735.2026.odt 2 of 4
substantiate the same, this Court finds no reason not to protect the liberty of
the applicants.
6. A perusal of the First Information Report as well as the statements
recorded during the course of investigation does not indicate as to who is the
author of the said injury. There is no dispute about the fact that there are
counter-reports in respect of the same incident and, as such, the possibility of
the injury being caused by someone other than the present applicants cannot
be ruled out. In the absence of any specific overt act attributed to the
applicants, merely for the reason that grievous injuries were caused to the
victim, the protection of the liberty of the applicants cannot be denied. There
are no criminal antecedents against the applicants. Hence, the order.
ORDER
(i) Application of applicant Nos.3. Sangita Raju Shinde,
4. Rutuja Raju Shinde and 5. Mina Sanjay Shinde is allowed in
terms of interim order dated 05.05.2026.
(ii) In the event of arrest of applicant Nos. 1. Raju Keruba
Shinde and 2. Aditya Sanju Shinde, in connection with Crime
No. 220/2026, registered with Bidkin Police Station, District
Chhatrapati Sambhajinagar, for the offences punishable under
Sections 109, 118(1), 118(2), 189(2), 191(2), 191(3), 190,
352, 351(3) of the Bharatiya Nyaya Sanhita, they shall be
released on bail on furnishing PR Bond of Rs.50,000/-
(Rupees Fifty Thousand only) with one solvent surety in the
like amount.
(iii) They shall not contact the witnesses directly or
indirectly.
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(iv) They shall not interfere with the evidence in any
manner whatsoever.
(v) They are further directed to cooperate the investigating
agency for further investigation.
(vi) They shall attend the concerned Police Station and
report to the Investigating Officer on 22.09.2026 and
28.09.2026 between 11.00 a.m. to 01.00 p.m. and as and
when called by the Investigating Officer on written intimation.
7. Learned APP for the Respondent/State to communicate this order to
the concerned Police Station.
8. Pending application, if any, stands disposed of.
( R. M. JOSHI, J.)
ssp
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