Citation : 2026 Latest Caselaw 3562 Bom
Judgement Date : 8 April, 2026
Digitally
signed by
CHITRA
2026:BHC-AS:16785 CHITRA
SANJAY
SANJAY
SONAWANE
SONAWANE Date:
2026.04.08
18:40:32
+0530
Chitra Sonawane. 5-ABA-792-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Cri. Anticipatory Bail Application No. 792 of 2026
Aman Yadav @ Aman Kumar
Age 20 years, Occ.: Student,
R/at: Uran Tola, Usri Danapur,
Patna, Bihar - 801 105. ... Applicant
Versus
The State of Maharashtra
Through Kothrud Police Station
in C.R. No.I-316/2025. ... Respondent
----
Mr Vikrant Khare a/w Mr Malay Mishra a/w Mr Ganesh
Pandit, for the Applicant.
Mr Mayur Sonavane, APP, for the Respondent / State.
WPSI K Shaikh, Kothrud Police Station, Pune.
----
Coram: R.N. Laddha, J.
Date: 8 April 2026 P.C.:
By this application, the applicant seeks pre-arrest bail in connection with CR No.316 of 2025, registered at Kothrud Police Station, Pune, for offences punishable under Sections 118(2), 115(2) and 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. The prosecution's case, in brief, is that on 13 November
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8 April 2026
Chitra Sonawane. 5-ABA-792-2026.docx
2025, the applicant, in furtherance of a common intention with the co-accused, assaulted the informant by means of a wooden bat. Consequently, the informant is stated to have sustained injuries arising out of the said assault.
3. The learned Counsel appearing on behalf of the applicant, asserting the applicant's innocence, contends that the applicant has been falsely implicated in the present crime. During the altercation, the informant fell and hit his head on a stone, resulting in injuries. At no point did the applicant use a bat to hit the informant, as alleged in the FIR. The applicant is a young student and ready to cooperate with the investigation. The learned Counsel submits that there is no element of mens rea and the allegations in the FIR are exaggerated. The applicant is willing to cooperate with the investigation and abide by any conditions this Court may impose.
4. On the other hand, the learned Additional Public Prosecutor representing the respondent/ State, opposes the applicant's request for pre-arrest bail. The injuries sustained by the informant are of a serious nature. The weapon used in the crime is yet to be recovered. The learned APP raises apprehension about potential evidence tampering and witness influence if the applicant is granted bail.
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8 April 2026
Chitra Sonawane. 5-ABA-792-2026.docx
5. This Court has given anxious consideration to the rival contentions canvassed across the Bar and perused the records.
6. Upon a perusal of the record, it appears that there is a delay in filing of the FIR. The alleged incident is stated to have occurred on 13 November 2025, whereas the FIR came to be lodged only on 15 November 2025. The informant and the applicant are students of the same college. It further appears from the record that the learned Sessions Court, during the pendency of the bail application, deemed it appropriate to grant interim protection to the applicant. There is no material on record to indicate that the applicant has misused the liberty so granted or has, in any manner, attempted to interfere with the course of the investigation. The record further reveals that the investigation in the present crime is on the verge of completion. The apprehensions expressed by the learned APP can be addressed by imposing appropriate conditions.
7. Having regard to the applicant's young age, his ongoing academic pursuits, the interim protection earlier granted, and in the absence of any material suggesting misuse of such liberty, this Court is of the opinion that the applicant has made out a case for the exercise of discretion in his favour. Accordingly, the application is allowed in the following terms :
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8 April 2026
Chitra Sonawane. 5-ABA-792-2026.docx
(i) In the event of the applicant's arrest in connection with CR No.316 of 2025, registered at Kothrud Police Station, Pune, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.
(ii) The applicant, himself or through any other person, shall not tamper with the evidence or influence witnesses.
(iii) The applicant shall attend the
concerned Police Station as and when
required.
8. The application stands disposed of accordingly.
[ R.N. Laddha, J. ]
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8 April 2026
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