Bombay High Court

SAMADHAN SURESH YEDE AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The court granted anticipatory bail to Applicant No. 2 with conditions, finding that the delayed FIR did not sufficiently implicate the applicants in the alleged grievous injury.

Summary

The applicants, Samadhan Suresh Yede and Mahesh (Anna), sought anticipatory bail in connection with Crime No. 239/2026, which alleged assault causing grievous injury to an informant. The FIR was lodged more than 30 days after the incident, and the applicants argued that the delay indicated a counter‑blast and that they were not responsible for the injury. The State opposed bail, contending that the injury was real and the FIR was timely in view of the informant’s hospitalization. The court noted the delay in filing the FIR and the possibility of over‑implication, finding insufficient basis to attribute the grievous injury to the applicants. Consequently, the court confirmed interim protection for Applicant No. 1 and granted anticipatory bail to Applicant No. 2 subject to strict conditions, including a personal bond and non‑interference with witnesses.

Issues considered

Whether anticipatory bail should be granted when the FIR is lodged after a delay of more than 30 days.
Whether the applicants can be held liable for the grievous injury alleged in the FIR.
Whether the conditions imposed on bail are appropriate under the circumstances.

Legislation cited

Bharatiya Nyaya Sanhiata — s. 115(2), 118(1), 118(2), 3(5), 352

Subjects

anticipatory bail
delay in FIR
over‑implication
grievous injury
bail conditions
criminal procedure

Judgment

                                  -1-
                                                          aba848.26.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

      918 ANTICIPATORY BAIL APPLICATION NO. 848 OF 2026

1.    Samadhan Suresh Yede

2.    Mahesh @ Anna s/o Mohan Yede                ….Applicants

VERSUS

The State of Maharashtra                          …..Respondent
…..

Mr. M. U. Shelke, Advocate for Applicants
Mr. S. B. Narwade, APP for the State.

                               CORAM : R. M. JOSHI, J.
                               DATE : 8th SEPTEMBER, 2026.
PER COURT :


1.    Applicants seek pre-arrest bail in connection with Crime No.

239/2026 registered with Bhoom Police Station, Tq. Bhoom, District

Dharashiv, for the offences punishable under Sections 115(2), 118(1),

118(2), 352, 3(5) of Bharatiya Nyaya Sanhiata.



2.    First Information Report indicates that an incident had

occurred on 08.04.2026 in which the present Applicants with co-

accused said to have caused assault on the informant resulting into

causing of grievous injury in the form of fracture to his ribs.
                                   -2-
                                                      aba848.26.odt

3.    Learned Counsel for the Applicants submits that this is a case

wherein already report is lodged by Applicant No. 2 in respect of the

incident occurred on the same day in which he was assaulted by the

informant. It is his submission that the present report is belatedly

lodged i.e. after 30 days of occurrence of the incident by way of

counter blast.   It is his submission that in any case, no grievous

injury is attributable to the present Applicants and as such, their

liberty deserves to be protected.        He makes a statement on

instructions that pursuant to the directions issued by this Court to

Applicant No. 1 of causing appearance before the Investigating

Officer, he has appeared before the Investigating Officer and

cooperated in the investigation.



4.    Learned APP opposed grant of protection to the Applicants by

referring to the allegations against them in the First Information

Report. It is his submission that on account of injury caused to the

informant he was hospitalised which is a satisfactory explanation for

beletedly lodging of the report.



5.    Prima facie perusal of the record indicates that on 08.04.2026

certainly some incident has occurred. There is already report lodged
                                  -3-
                                                          aba848.26.odt

by Applicant No. 2 in connection with the said incident. The report

in question is lodged after 30 days. Once there is delay in lodging of

the report, the Court has to be very careful with regard to assessing

allegations made therein as the possibility of over implication exists.

Perusal of record though indicates causing of injury including

grievous injury i.e. fracture to ribs to the informant, said injury is not

attributable to the present Applicants.       in the facts of the case,

interim protection granted to Applicant No. 1 stands confirmed except

Clause No. (ii) and application is allowed qua Applicant No. 2 in

following terms.

                                ORDER

        (i)    In the event of arrest of Applicant No. 2 Mahesh
        @ Anna s/o Mohan Yede, in connection with Crime No.
        239/2026 registered with Bhoom Police Station, Tq.
        Bhoom, District Dharashiv, for the offences punishable
        under Sections 115(2), 118(1), 118(2), 352, 3(5) of
        Bharatiya Nyaya Sanhiata, he be released on bail on
        furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen
        Thousand only) with one surety in the like amount.


        (ii)   He shall attend the concerned police station as
        and when called.
                                   -4-
                                                          aba848.26.odt

      (iii)   He shall not contact the witnesses directly or
      indirectly.


      (iv)    He shall not interfere with the evidence in any
      manner whatsoever.


      (v)     He    is   further   directed   to   cooperate    the
      investigating agency for further investigation.


      (vi)    Learned APP to communicate this order to the
      concerned Investigating Officer.



                                                   ( R. M. JOSHI, J.)

dyb

Continue reading with your account

Checking your session…