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Rahul Shankarsingh Kushwah vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

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Bombay HC
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Rahul Shankarsingh Kushwah vs State of MaharashtraRahul Shankarsingh Kushwah v. State of Maharashtra

Dismissed¶7

Rahul Shankarsingh Kushwah v. State of Maharashtra

Bombay HC13 Mar 2026ABA/581/2026

Case brief

AI extract

What is this about?

Anticipatory bail application rejected — Bombay High Court (Criminal Appellate Jurisdiction), Coram N.R. Borkar, J., dated 13th March 2026; Applicant Rahul Shankarsingh Kushwah vs State of Maharashtra; Crime No.117 of 2026, Borivali Police Station; offences under Sections 118(1), 351(2), 352, 3(5) Bharatiya Nyaya Sanhita, 2023; incident dated 01st February 2026 at Borivali Railway Station involving quarrel over monetary dispute, dragging into autorickshaw and assault with stick at isolated place; arguments on delay in FIR, no criminal antecedents, no need of custodial interrogation, cooperation with investigation; prosecution reliance on attributed overt act and CCTV footage; CCTV footage found to corroborate first informant's version; application rejected.

What did the court decide?

On perusing the FIR and viewing the CCTV footage, the Court found that the CCTV footage corroborates the version of the first informant.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Applicant, Rahul Shankarsingh Kushwah, apprehending arrest in Crime No.117 of 2026 registered with Borivali Police Station, should be released on anticipatory bail.

Ratio / Principle

On perusing the FIR and viewing the CCTV footage, the Court found that the CCTV footage corroborates the version of the first informant.

Key takeaways

Considering the overall facts and circumstances of the case, the Court was not inclined to release the Applicant on anticipatory bail, and accordingly rejected the Anticipatory Bail Application.ratio¶7

Detailed headnote1 paragraphs

Anticipatory Bail Application No.581 of 2026 — Rahul Shankarsingh Kushwah v. The State of Maharashtra (N.R. Borkar, J.; decided 13 March 2026): Applicant apprehended arrest in Borivali Police Station Crime No.117 of 2026 for offences punishable under Sections 118(1), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, arising from an incident of 01 February 2026 in which the first informant was allegedly accosted over a monetary dispute near Borivali railway station, dragged into an autorickshaw, taken to an isolated place and assaulted with a stick. Defence contended false allegations, delay in lodging the FIR, absence of criminal antecedents and no need for custodial interrogation; the State relied on the overt act of assault attributed to the Applicant and CCTV footage corroborating the informant. Having perused the FIR and viewed the CCTV footage, which corroborated the version of the first informant, the Court considered the overall facts and circumstances and declined anticipatory bail, rejecting the application.

A

1 916-ABA 581-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.581 OF 2026

Rahul Shankarsingh Kushwah … Applicant Vs. The State of Maharashtra … Respondent

Mr. Ramesh Mishra for the Applicant. Mr. Swapnil V. Walve, APP for the Respondent-State. API J. S. Shaikh, Borivali PS is present.

CORAM : N.R. BORKAR, J. DATE : 13TH MARCH 2026

P.C. :

This is an Application for anticipatory bail.

The Applicant is apprehending his arrest in Crime No.117 of 2026 registered with Borivali Police Station for the offences punishable under Sections 118(1), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

It is the case of the prosecution that on the date of incident, which took place on 01^st February 2026, the first informant came to meet one Dhirubhai at Railway Station, Borivali. It is alleged that the Applicant and co-accused Pavan, who were known to him, were already there at railway station. It is alleged that they accosted him and started quarreling with him on account of some monetary dispute. It is alleged that when the first informant refused to pay the amount demanded by them, they started assaulting him and thus the first informant with a view to save himself ran out of the railway station. It is alleged that the Applicant and other co-

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Mugdha

2 916-ABA 581-26.doc

accused followed him, caught hold of him, dragged him and forcibly made him to sit in autorickshaw. It is alleged that they then took him to isolated place and assaulted him there with a stick.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

Learned Counsel for the Applicant submits that with some ulterior motive, false allegations are made against the Applicant. It is submitted that there is a delay in lodging the FIR. It is further submitted that there is no need of custodial interrogation and the Applicant is ready and willing to cooperate in the investigation. The learned counsel for the Applicant submits that there are no criminal antecedents against the Applicant

On the other hand, Learned APP for the Respondent-State submits that the specific overt act of assault is attributed to the present Applicant. It is submitted that there is a CCTV footage which corroborates the version of the first informant. It is submitted that considering the nature of crime, the Applicant may not be released on anticipatory bail.

I have perused the FIR and viewed the CCTV footage. The CCTV footage corroborates the version of the first informant. Considering the overall facts and circumstances of the case, I am not inclined to release the Applicant on anticipatory bail. Hence, the present Anticipatory Bail Application is rejected.

(N.R. BORKAR, J.)

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Mugdha

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Applicant, Rahul Shankarsingh Kushwah, apprehending arrest in Crime No.117 of 2026 registered with Borivali Police Station, should be released on anticipatory bail.¶8

Statutes considered

4 provisions across 1 enactments

AI extract

Bharatiya Nyaya Sanhita, 2023118(1)¶9 351(2)¶9 352¶9 3(5)¶9

Procedural history

How this case reached the court

AI extract

Prior proceeding
Crime No.117 of 2026 registered with Borivali Police Station for offences punishable under Sections 118(1), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, in respect of which the Applicant apprehends arrest.¶9

Parties & counsel

AI extract

applicant
Rahul Shankarsingh Kushwah¶4
Ramesh Mishra
respondent
The State of Maharashtra¶4
Swapnil V. Walve

Coram

AI extract

N.R. Borkarauthor¶6

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 13 Mar 2026 · March
Registered: 5 Mar 2026
Case no.: ABA/581/2026
CNR: HCBM010110342026
Bench: N. R. Borkar
Disposal: Rejected
Case type: ANTICIPATORY BAIL APPLICATION

All orders in this case

2 orders share this CNR

7 Mar 2026Order 1 · N. R. Borkar
13 Mar 2026Order 2 — this page · N. R. Borkar

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Cite this judgement

Rahul Shankarsingh Kushwah v. State of Maharashtra, ABA/581/2026 (BOM), decided on 13 March 2026.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Bharatiya Nyaya Sanhita, 2023118(1) · 351(2) · 352 · 3(5)

View all statutes

Procedural history1

Crime No.117 of 2026 registered with Borivali Police Station for offences punishable under Sections 118(1), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, in respect of which the Applicant apprehends arrest.

View full history

Bench / Coram

N.R. Borkar

Parties & counsel