Bombay High Court

KAKASAHEB RADHKISAN KANSEversusAYYAJ NASIRODDIN MOMIN AND OTHERS

Disposal: DISPOSED OFF

Holding

The court held that, given the counter‑report indicating a free fight and the absence of any investigation grievance, anticipatory bail was justified.

Summary

The applicants were charged under several offences of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and witnesses with iron pipes and a spade on 27 April 2025, causing injuries. The applicants argued that a counter‑report showed the incident was a free fight between two groups, making intentional injury difficult to attribute to them, and that the charge sheet had already been filed, rendering custodial interrogation unnecessary. The State opposed bail, relying on the FIR and injury certificates to substantiate the allegations. The court examined both the FIR and the counter‑report, noting that both sides sustained injuries and that the injuries were simple in nature. Finding merit in the applicants' contention and noting no grievance of non‑cooperation from the investigating agency, the court confirmed the interim bail relief previously granted. Consequently, the anticipatory bail application was allowed.

Issues considered

Whether anticipatory bail should be granted when the alleged assault is contested as a free fight and the investigation is complete
Whether the existence of injury certificates and FIR allegations justify denial of bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 189(2), 190, 191(2), 191(3), 351(2), 352

Subjects

anticipatory bail
free fight
injury
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

2026:BHC-AUG:35007




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     ANTICIPATORY BAIL APPLICATION NO. 852 OF 2025

                               Ayyaj Nasiroddin Momin And Others
                                            VERSUS
                                   The State Of Maharashtra

                      WITH CRIMINAL APPLICATION NO. 2101 OF 2025
                                   IN ABA/852/2025
                                Kakasaheb Radhkisan Kanse
                                          VERSUS
                               Ayyaj Nasiroddin Momin And Others

           Mr. A. S. Radikar and Mr. S. N. Gaikwad, Advocate for applicant
           Mr. N. R. Dayama, APP for respondent-State

                                               CORAM       : R. M. JOSHI, J.
                                               DATE        : 11th AUGUST, 2026

           PER COURT :-

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

           230 of 2025 registered with Ambad Police Station, Dist. Jalna, for the

           offences punishable under Sections 109, 118(1), 189(2), 190, 191(2),

           191(3), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023.


           2.           First Information Report indicates occurrence of incident on

           27.04.2025 in which informant and the witnesses were assaulted by the

           applicants and co-accused. There is allegation against applicants that

           they used iron pipes and spade in order to cause injuries to the

           informant and witnesses. It is further claimed that in the said incident,




           949-ABA-852-2025_.odt                                                1 of 3
serious injuries were caused to the informant and witnesses and

therefore, offences punishable under Section 109 of the Bharatiya Nyaya

Sanhita may also applicable to the case.


3.          Learned Counsel for the applicants submits that there are

counter report in respect of the said incident. This according to him

indicates that it was a case of free fight and as such intentional injuries

cannot be attributable to the applicants. He makes a statement that

charge sheet has been filed after completion of investigation as such

custodial interrogation of the applicants is not necessary. It is his further

submission that pursuant to the interim relief granted to the applicants,

applicant co-operate in the investigation by causing appearance before

the Investigating Officer.


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

referring to the allegations against them in the First Information Report

which according to him are supported by the Injury Certificates on

record.


5.          Prima facie perusal of the record indicates that there are two

reports lodged in respect of the same incident. Further admittedly both

sides sustain injuries. In the light of these facts, injury certificates of the

informant and witnesses show that simple injuries were caused to them.




949-ABA-852-2025_.odt                                                    2 of 3
This Court finds substance in the contention of the learned Counsel for

the applicants that considering the free fight occurred between two

groups, it is difficult to attribute specific/intentional injury against

applicants. In any case now charge sheet is filed and investigation is

over, liberty of the applicants was protected by order dated 18.06.2025.

There is no grievance of the Investigating Agency of non cooperation on

the part of the applicants in the investigation. There is no abuse of

liberty by them.


6.            Application stands    allowed by confirming interim     relief

granted by order dated 18.06.2025.


7.            Pending application, if any, stands disposed of.



                                                        (R. M. JOSHI, J.)

B. S. Joshi




949-ABA-852-2025_.odt                                                 3 of 3

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