Uddhav Sarjerao Kunwar vs the State of Maharashtra — Cheque Dishonour | Bombay HC (2026)

Uddhav Sarjerao Kunwar vs the State of Maharashtra — Cheque Dishonour | Bombay HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the applicant; interim order dated 01.12.2025 confirmed with the additional condition that the applicant report to the Investigating Officer at the concerned police station every Monday between 12:00 noon and 02:00 p.m. till completion of investigation and filing of the charge-sheet, and thereafter as and when required, along with conditions to cooperate with the investigation, not pressurize prosecution witnesses, not tamper with evidence, attend each trial date unless exempted by the Trial Court, and furnish copies of Aadhaar Card and PAN Card with addresses and mobile numbers of two nearest relatives; violation of conditions entitles the prosecution to seek cancellation.

Issue for consideration

Whether the applicant, apprehending arrest in FIR No. 267 of 2025 (Parola Police Station, District Jalgaon) for offences punishable under Sections 118(1), 118(2), 351(2), 3(5) and 109(1) of the Bharatiya Nyaya Sanhita, 2023, is entitled to anticipatory bail / pre-arrest protection. +1 more

Court's answer

The FIR does not allege the presence of the applicant at the spot at the time of the assault; further, no other accused has been arrested so far who could disclose any role of the present applicant.

Ratio / Principle

In the absence of any concrete material linking the applicant to the commission of the offence, and considering that the applicant has cooperated with the investigation, the Court was inclined to protect the applicant.

Key takeaways

The Anticipatory Bail Application is allowed; the interim order dated 01.12.2025 is confirmed with the additional condition that the applicant attend the concerned police station and report to the Investigating Officer every Monday between 12:00 noon and 02:00 p.m. till completion of the investigation and filing of the charge-sheet, and thereafter as and when required, together with conditions to cooperate with the investigation, not pressurize prosecution witnesses, not tamper with prosecution evidence, attend every trial date unless exempted, and furnish Aadhaar Card and PAN Card copies with addresses and mobile numbers of two nearest relatives to the Investigating Officer.ratio¶37
The observations made in the order are prima facie in nature and shall not influence the Trial Court or any other Court while deciding the case on its own merits.obiter¶46

Detailed headnote1 paragraphs

Anticipatory Bail — Applicant apprehending arrest in FIR No. 267 of 2025 dated 30.10.2025, Parola Police Station, District Jalgaon, for offences punishable under Sections 118(1), 118(2), 351(2), 3(5) and newly added Section 109(1) of the Bharatiya Nyaya Sanhita, 2023 — Complainant sustained grievous injuries caused by unknown persons; applicant suspected only because he allegedly threatened the complainant on 29.10.2025 — FIR did not allege the applicant's presence at the spot at the time of the assault; no other accused arrested who could disclose any role of the applicant; no concrete material linking the applicant to the offence — applicant cooperated with investigation, had complied with interim-protection conditions, and had no criminal antecedents involving bodily offences — interim protection dated 01.12.2025 confirmed, with additional condition of reporting to the Investigating Officer every Monday between 12:00 noon and 02:00 p.m. till filing of charge-sheet — applicant's prior S.138 NI complaint (S.C.C. No. 2433 of 2022, CJM Dhule) noted as plausible, prima facie — observations prima facie only; application allowed. (Mehroz K. Pathan, J.; ABA No. 2073 of 2025, decided 05.01.2026)

2026:BHC-AUG:413

43 ABA NO. 2073 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 2073 OF 2025

Uddhav Sarjerao Kunwar

VERSUS

The State Of Maharashtra

WITH

CRIMINAL APPLICATION NO. 80 OF 2026

IN

ANTICIPATORY BAIL APPLICATION NO. 2073 OF 2025

Mr. A. S. Sawant, Advocate for Applicant

Ms. P. J. Bharad, APP for Respondent – State

Mr. A. A. Kashyap, Advocate for assisting the P.P.

CORAM : MEHROZ K. PATHAN, J.

DATED : 05.01.2026

PER COURT :

Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned assisting counsel.

The applicant has approached this Court apprehending arrest in connection with FIR No. 267 of 2025 dated 30.10.2025, registered with Parola Police Station, District Jalgaon, for the offences punishable under Sections 118(1), 118(2), 351(2), 3(5) and newly added Section 109(1) of the Bharatiya Nyaya Sanhita, 2023.

1/5

Jhs/

43 ABA NO. 2073 OF 2025

This Court, vide order dated 01.12.2025, granted interim protection to the applicant subject to conditions, including attendance before the Investigating Officer on specified dates and time.

Learned counsel for the applicant submits that the applicant has complied with all the conditions imposed by this Court while granting interim relief. The applicant has attended the Investigating Officer along with his son, who was also issued summons to appear. It is submitted that the applicant has cooperated with the investigation and is ready to continue doing so. It is further submitted that the applicant has been falsely implicated with an intention to wreak vengeance, as the applicant has initiated proceedings under the Negotiable Instruments Act against the present complainant for dishonour of cheque. It is also pointed out that the complainant had earlier lodged NC reports against the applicant. Even as per the allegations in the FIR, the applicant is only suspected to be involved in the assault on the basis that he allegedly threatened the complainant on 29.10.2025. It is submitted that the applicant has no criminal antecedents involving bodily offences, except for certain pending cases relating to cheating. Hence, the applicant prays for continuation of protection.

2/5

Jhs/

43 ABA NO. 2073 OF 2025

Mr. Kashyap, learned assisting counsel, has filed an application seeking permission to assist the prosecution, along with photographs and copies of NC reports lodged by the complainant against the present applicant. The learned APP has also produced the investigation papers for perusal of this Court. Perusal of the record reveals that the complainant has sustained grievous injuries caused by some unknown persons, as stated in the FIR. The FIR records that since the applicant allegedly threatened the complainant on 29.10.2025, he is suspected to be behind the assault which occurred on 30.10.2025. It is also seen that an NC report was lodged by the complainant in the year 2022 against the present applicant.

The contention raised by the learned counsel for the applicant that the proceedings under Section 138 of the Negotiable Instruments Act, initiated by the applicant, are prior in point of time and are pending adjudication before the learned Chief Judicial Magistrate, Dhule, registered as S.C.C. No. 2433 of 2022 on 27.09.2022, appears to be plausible; however, these observations are prima facie in nature. The photographs placed on record depict grievous injuries sustained by the complainant. However, the FIR does not allege the presence of the applicant at the spot at the time of the assault. Further, no other accused has been arrested so far who could disclose any role of the present applicant. In the absence of any concrete material linking the

3/5

Jhs/

43 ABA NO. 2073 OF 2025

applicant to the commission of the offence, and considering that the applicant has cooperated with the investigation, I am inclined to protect the applicant.

Hence, the following order is passed :-

O R D E R

A) The Anticipatory Bail Application is allowed.

B) The interim order dated 01.12.2025 is hereby confirmed, with an additional condition that the applicant shall attend the concerned police station and report to the Investigating Officer on every Monday between 12:00 noon and 02:00 p.m. till completion of the investigation and filing of the charge-sheet, and thereafter as and when required.

C) The Applicant shall also cooperate with the investigation.

D) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

E) The applicant shall attend each and every date of the trial unless exempted by the Trial Court.

F) The applicant shall furnish copies of his Aadhaar Card and PAN Card to the Investigating Officer along with the addresses and mobile numbers of two nearest relatives.

4/5

Jhs/

43 ABA NO. 2073 OF 2025

Needless to say, violation of any of the aforesaid conditions shall entitle the prosecution to seek cancellation of the anticipatory bail.

The observations made herein are prima facie in nature and shall not influence the Trial Court or any other Court while deciding the case on its own merits.

In view of the above, the application stands disposed of.

Pending applications, if any, also stand disposed of.

( MEHROZ K. PATHAN, J. )

5/5

Jhs/