Mohini Harishchandra Aargade and Another vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

Mohini Harishchandra Aargade and Another vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Confirmation of the interim anticipatory-bail protection (order dated 10.12.2025), subject to conditions: (i) presence before the Investigating Officer as and when called; (ii) attendance on dates of trial; (iii) furnishing Aadhaar Card and PAN Card copies to the Investigating Officer with addresses and mobile numbers of two nearest relatives; breach entitles the prosecution to seek cancellation.

Issue for consideration

Whether the applicants, apprehending arrest in connection with FIR No.0647/2025 (Ambad Police Station, Sections 123, 115(2), 352, 351(2), 3(5) BNS 2023), are entitled to anticipatory bail and confirmation of the interim protection granted on 10.12.2025. +1 more

Court's answer

The Anticipatory Bail Application is allowed and the interim order dated 10.12.2025 is confirmed, subject to conditions: presence before the Investigating Officer as and when called, attendance on dates of trial, and furnishing Aadhaar Card and PAN Card copies along with addresses and mobile numbers of two nearest relatives.

Ratio / Principle

Over-implication, exaggeration and false implication of the applicants cannot be ruled out: the applicants and the complainant are real brothers, the dispute concerned marriage of a relative's daughter, and the complaint, though reported filed, drew no cognizance.

Key takeaways

Since the applicants attended the concerned police station and co-operated with the investigation pursuant to the interim order dated 10.12.2025 (a fact admitted even by the learned APP as regards compliance with conditions), the Court saw no impediment to confirming the interim protection notwithstanding the prosecution's contention that the offence was serious and that the applicants had failed to co-operate.ratio¶18
The observations made in the order are prima facie in nature and shall not influence the Trial Court or any other Court deciding the case on its own merits; violation of the conditions entitles the prosecution to seek cancellation of the anticipatory bail.obiter¶28

Detailed headnote1 paragraphs

Anticipatory Bail — High Court of Bombay, Aurangabad Bench (Mehroz K. Pathan, J.), 06.01.2026: Applicants Mohini w/o Harischandra Aargade and Harischandra s/o Baliram Aargade, apprehending arrest in FIR No.0647/2025 (24.11.2025, Ambad Police Station, Tq. Ambad, Dist. Jalna) under Sections 123, 115(2), 352, 351(2) and 3(5) BNS 2023, had been protected by interim order dated 10.12.2025. On confirmation, the Court noted the applicants and complainant are real brothers; the FIR stemmed from a dispute over marriage of the daughter of the complainant's real brother, with an earlier complaint filed but no cognizance taken — hence over-implication, exaggeration and false implication could not be ruled out. The applicants had attended the police station and co-operated with the investigation under the interim order, and despite the prosecution's plea of seriousness of the offence and non-co-operation, the interim order was confirmed with conditions (presence before the IO as and when called, attendance at trial, Aadhaar/PAN copies and contacts of two nearest relatives); breach permits cancellation. Observations are prima facie only and will not influence the Trial Court.

2186.25ABA

2026:BHC-AUG:395

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

914 ANTICIPATORY BAIL APPLICATION NO.2186 OF 2025

1] MOHINI W/O. HARISCHANDRA AARGADE 2] HARISCHANDRA S/O. BALIRAM AARGADE VERSUS

THE STATE OF MAHARASHTRA

Advocate for Applicants : Mr.P.C.Bhagure APP for Respondent-State : Mr.A.A.A.Khan

CORAM : MEHROZ K. PATHAN, J. DATE : 06.01.2026

P.C. :

1] Heard the learned counsel for the applicants and the learned APP for the respondent-State.

2] The applicants have approached this Court apprehending arrest in connection with FIR No.0647/2025, dated 24.11.2025/, registered with Ambad Police Station, Tq. Ambad, District Jalna, for the offence punishable under Section 123, 115 (2), 352, 351 (2), 3 (5) of B.N.S., 2023.

3] This Court, vide order dated 10.12.2025, had protected the present applicants, namely, Mohini Harischandra Aargade and Harischandra Baliram Aargade as there was no major allegations against the present applicants in the FIR.

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4] The learned counsel for the applicants submits that the applicants have co-operated with the investigation and have complied with the conditions imposed by this Court vide order dated 10.12.2025.

5] The learned APP also admits that the applicants have complied with the conditions imposed by this Court, however, the applicants have failed to co-operate with the investigation agency. The applicants are involved in the serious offence, hence, the learned APP prays for rejection of the present application.

6] I have gone through the investigation papers. Perusal of the FIR as well as the statements recorded during the course of investigation show that the applicants and the complainant are the real brothers and the statement also shows that there were some dispute about marriage of the daughter of real brother of the complainant wherein the complaint was lodged alleged to have played the role of canceling marriage. The complaint is reported to be filed, however, no cognizance was taken. Thus, over-implication, exaggeration and false implication of the applicants, namely, Mohini and Harischandra, cannot be ruled out. As the applicants have attended the concerned police station and have co-operated with the investigation vide interim order dated 10.12.2025, I do not see any impediment in

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confirming the interim order dated 10.12.2025. Hence the following order :

ORDER

1] The application is allowed. The order dated 10.12.2025 is hereby confirmed, on the following conditions :

I] The applicants are directed to remain present before the Investigating Officer as and when called by the Investigating Officer.

II] The Applicants shall also attend the date of trial.

III] The applicants shall furnish copies of their Aadhaar Card and PAN Card to the Investigating Officer along with the addresses and mobile numbers of two nearest relatives.

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

3] 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.

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4] The Anticipatory Bail Application is disposed of accordingly.

[MEHROZ K. PATHAN] JUDGE

DDC