Rahul Vijayshankar Yadav vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Rahul Vijayshankar Yadav vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest in C.R. No. 200 of 2025 (Mankhurd Police Station), release on executing a P.R. Bond of Rs. 25,000/- with one surety or two sureties in the like amount, subject to conditions that the applicant shall not enter the jurisdiction of Trombay, R.C.F., Mankhurd, Devnar, Shivaji Nagar, Govandi, Tilaknagar, Nehrunagar and Chembur police stations till conclusion of trial, shall not commit any other crime; State at liberty to seek cancellation of bail on breach of any condition.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No. 200 of 2025 registered at Mankhurd Police Station for offences punishable under Sections 109(1), 115(2), 118(1), 118(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 25 of the Arms Act and Section 37(1)(a) read with 135 of the Maharashtra Police Act, is entitled to anticipatory bail.

Court's answer

On perusal of the FIR, prima facie the applicant appears to have nothing to do with the alleged incident in which the first informant was allegedly assaulted with a sword.

Ratio / Principle

Nothing is to be recovered at the instance of the applicant and therefore there is no need of custodial interrogation.

Key takeaways

Considering the overall facts and circumstances of the case, the applicant is entitled to be released on anticipatory bail on certain conditions.ratio¶17

Detailed headnote1 paragraphs

Anticipatory bail granted - Bombay High Court (N.R. Borkar, J.), ABA No. 2827 of 2025, order dated 13.10.2025 - Applicant Rahul V. Yadav apprehended arrest in Crime No. 200 of 2025, Mankhurd Police Station, under Sections 109(1), 115(2), 118(1), 118(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 25 of the Arms Act and Section 37(1)(a) read with 135 of the Maharashtra Police Act - Allegation that on 4th April 2025 at about 11.30 pm applicant and co-accused assaulted the first informant with a sword with intent to commit murder out of previous enmity, causing grievous injury to his left hand - Learned APP opposed, citing alleged involvement in 7 more crimes including bodily offences - On perusing the FIR, the Court held that prima facie the sword assault was not attributed to the applicant, that nothing was to be recovered at his instance, and that there was no need of custodial interrogation - Application allowed: release on P.R. Bond of Rs. 25,000/- with one surety or two sureties in the like amount, on conditions barring entry into the jurisdictions of Trombay, R.C.F., Mankhurd, Devnar, Shivaji Nagar, Govandi, Tilaknagar, Nehrunagar and Chembur police stations till conclusion of trial, and abstention from any other crime; State free to apply for cancellation on breach.

13-aba-2827-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2827 OF 2025

Rahul V. Yadav …Applicant V/s. The State of Maharashtra ...Respondent.

...Respondent.

Adv. V.B. Ghorpade for the Applicant. Mr. P.H. Gaikwad, APP for the Respondent/State. PSI D. V. Kadu, Mankhurd Police Station is present

………….. CORAM : N.R. BORKAR, J. DATE : 13.10.2025.

P.C. :

This is an application for anticipatory bail.

The applicant is apprehending his arrest in Crime No.200 of 2025 registered at Mankhurd Police Station for the offences punishable under Sections 109(1), 115(2), 118(1), 118(2), 351(3), and 352 of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 25 of Arms Act and Section 37(1)(a) read with 135 of the Maharashtra Police Act.

It is the case of the prosecution that on the date of incident, which took place on 4^th April 2025 at about 11.30 pm, the present applicant and other co-accused assaulted the first informant with a sword and attempted to commit his murder, on account of previous enmity. The first informant sustained grievous injuries on his left hand.

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Dinesh S. Sherla

13-aba-2827-25.doc

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State.

Learned counsel for the applicant submits that the alleged assault by sword is not attributed to the present applicant. It is submitted that the applicant has nothing to do with the alleged act committed by the co-accused. Learned counsel for the applicant submits that nothing is to be recovered at the instance of applicant and therefore, there is no need of custodial interrogation.

On the other hand, learned APP for the respondent/State submits that the applicant assaulted the first informant with fist blows. It is submitted that the applicant is involved in 7 more crimes and some of the crimes are bodily offences. It is submitted that considering the said fact the applicant may not be released on anticipatory bail.

I have perused the FIR. Prima facie, it appears that the applicant has nothing to do with the alleged incident in which the first informant was allegedly assaulted with a sword. Nothing is to be recovered at the instance of the applicant and therefore, there is no need of custodial interrogation. Considering overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail on certain conditions. In the result the following order is passed.

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Dinesh S. Sherla

13-aba-2827-25.doc

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No.200 of 2025 registered at Mankhurd Police Station for the offences punishable under Sections 109(1), 115(2), 118(1), 118(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 25 of Arms Act and Section 37(1)(a) read with 135 of the Maharashtra Police Act, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.

C) The applicant shall not enter into the jurisdiction of the following police stations till conclusion of trial.

i) Trombay Police Station ii) R.C.F. Police Station iii) Mankhurd Police Station iv) Devnar Police Station v) Shivaji Nagar Police Station vi) Govandi Police Station

vii) Tilaknagar Police Station. viii) Nehrunagar Police Station ix) Chembur Police Station

D] The applicant shall not commit any other crime.

E] The State is at liberty to file an application for cancellation of bail if the applicant commits breach of any of the above conditions.

[N.R.BORKAR, J.]

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Dinesh S. Sherla