ASHOK APPASAHEB MATKARversusTUKARAM DNYANOBA KACHGUNDE AND ANOTHER

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

     931 ANTICIPATORY BAIL APPLICATION NO. 1604 OF 2026 WITH
              CRIMINAL APPLICATION NO. 3664 OF 2026
                        IN ABA/1604/2026

Tukaram Dnyanoba Kachgunde                       ….Applicant

VERSUS

The State of Maharashtra                         …..Respondent

Mr. R. R. Garje, Advocate for Applicant
Mr. S. P. Joshi, APP for the State.
Mr. S. B. Solanke, Advocate for the informant.

                               CORAM : R. M. JOSHI, J.
                               DATE : 3rd SEPTEMBER, 2026.
PER COURT :


1.      At the outset, learned Counsel Mr. Solanke seeks permission to

assist learned APP on behalf of the informant.



2.      Learned Counsel for Applicant records no objection for the

same.



3.      In view of above, learned Counsel Mr. Solanke is permitted to

assist learned APP. Criminal Application No. 3664/2026 is allowed.
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4.    Applicant seeks pre-arrest bail in connection with Crime No.

0324/2026 registered with Parali Rural Police Station, District Beed,

for the offences punishable under Sections 109, 115(2), 118(1),

118(2),189(2), 190, 191(2), 191(3), 351(3) of Bharatiya Nyaya

Sanhita.



5.    First informant Ashok reported the incident occurred on

28.06.2026 which, according to him, indicates that on that day the

informant was assaulted by the present Applicant and co-accused.

There is allegation against the present Applicant that he sat on the

chest of the informant and throttled him. There is allegation against

the co-accused of using iron rod and stick to cause assault on him.



6.    Learned Counsel for Applicant submits that admittedly there

are disputes between the parties and in respect of the incident

occurred on 28.06.2026 counter reports are lodged. He further

contends that the present report is lodged belatedly which creates

possibility of false implication.



7.    Learned APP and learned Counsel for the informant opposed

grant of protection to the Applicant by referring to the allegations
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against him in the First Information Report.       Learned APP drew

attention of the Court to the injury certificate on record indicating

causing of six injuries to the informant, out of which, two injuries are

grievous in nature.    He also drew attention of the Court to the

statement of eye-witness to the incident.



8.    Admittedly, there are disputes between the parties and as such

possibility of false/over implication is not ruled out. The incident in

question has occurred on 28.06.2026. Though there is statement of

eye-witness on record, he claims that all co-accused including the

present Applicant caused assault with iron rod and sticks whereas

there is no allegation in the First Information Report against the

present Applicant. The only allegation against him is that he sat on

the chest of the informant and throttled him.      In order to support

this allegation, there is no evidence on record. Even injury certificate

does not correspond to the said allegation. As such, this is a case

wherein possibility of over implication is not ruled.            Hence,

application is allowed in following terms :-

                                ORDER

        (i)   In the event of arrest of applicant Tukaram
        Dnyanoba Kachgunde, in connection with Crime No.
        0324/2026 registered with Parali Rural Police Station,
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      District Beed, for the offences punishable under
      Sections 109, 115(2), 118(1), 118(2),189(2), 190,
      191(2), 191(3), 351(3) of Bharatiya Nyaya Sanhita, 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.


      (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.)

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