Adarsh Ramesh Salunke vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

Adarsh Ramesh Salunke vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail Applications allowed; applicants Adarsh Ramesh Salunke and Harshal Laxman Sarsar to be released on bail in Crime No.791/2025 on furnishing P.B. and S.B. of Rs.50,000/- each, on conditions: (a) not to tamper with prosecution evidence; (b) to attend each and every effective date before the Trial Court; (c) not to indulge in criminal activity; (d) not to enter the vicinity of Nalegaon, District Ahilyanagar till conclusion of trial. Pending Criminal Applications to assist PP stand disposed of.

Issue for consideration

Whether the applicants (Accused Nos.4 and 7) are entitled to regular bail in Crime No.791/2025 (Tofkhana Police Station, Ahilyanagar) for offences under the Bharatiya Nyaya Sanhita and Maharashtra Police Act, having regard to their alleged roles in the 24.07.2025 assault, their antecedents and about seven months of custody.

Court's answer

On a prima facie perusal of the FIR and witness statements, the applicants were part of the unlawful assembly but did not play a vital role in the commission of the offence; the FIR does not clearly suggest their exact role and the allegations against them are omnibus and unspecific.

Ratio / Principle

Although Section 149 of the Indian Penal Code / Section 190 of the BNS is invoked, the individual role or overt act of each accused is not significant, and the Court cannot be oblivious to the possibility of over-implication.

Key takeaways

The alleged offence does not attract capital punishment and the applicants are young age persons (Harshal aged about 20 years, Adarsh aged about 23 years).ratio¶39
While the CCTV footage transcript shows applicant-Adarsh throwing stones and wooden pieces towards victim Anita and applicant-Harshal throwing a wooden rod towards victim Nilam, the medical evidence on record cannot be reconciled with the role thus attributed to the applicants.ratio¶43
The pendency of previous/other crimes against the applicants (Crime Nos.570/2025, 39/2025 and 1225/2025) cannot by itself be a ground to deny bail, particularly when they have been behind bars for about seven months and the trial is likely to take its own course; no purpose would be served by continuing further detention.

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), S. G. Chapalgaonkar, J., allowed regular bail to Accused Nos.4 (Adarsh Ramesh Salunke, aged 23) and 7 (Harshal Laxman Sarsar, aged 20) in Crime No.791/2025 of Tofkhana Police Station, Ahilyanagar, registered for offences under Sections 111, 109-1, 126-2, 118-1, 189-1, 189-2, 190, 191-2, 191-3, 333, 324-4, 324-5 and 61-2 of the Bharatiya Nyaya Sanhita and Sections 37(1)(3) and 135 of the Maharashtra Police Act, arising from an alleged 'PP gang' assault on the informant Rohan Jayendra Chavan's family on 24.07.2025. Although the FIR and witness statements prima facie showed the applicants as part of the unlawful assembly, their individual roles were held omnibus and unspecific; despite invocation of Section 149 IPC / Section 190 BNS, no significant overt act was attributable to each accused and over-implication was possible; the CCTV-transcript attribution (stones/wooden pieces by Adarsh towards Anita, wooden rod by Harshal towards Nilam) could not be reconciled with the medical evidence; and the pendency of other crimes (Nos.570/2025, 39/2025, 1225/2025) was held not to be a ground to deny bail after about seven months' custody, the offence not attracting capital punishment. Bail was granted on P.B. and S.B. of Rs.50,000/- each, with conditions of non-tampering, attendance on all effective Trial Court dates, abstention from criminal activity, and exclusion from the vicinity of Nalegaon, District Ahilyanagar till conclusion of trial; pending Criminal Applications Nos.345 and 346 of 2026 (to assist PP) were disposed of. The order reverses the effect of the Sessions Court's rejection dated 26.12.2025 of the post-charge-sheet bail applications.

(1) ba-6-2026 & anr.odt

2026:BHC-AUG:11688

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO.6 OF 2026

Adarsh Ramesh Salunke Age:- 23 years, Occ. Labour R/o. Municipal Colony, Delhi Gate, Ahilyanagar, Dist. Ahilyanagar ..Applicant (Accused no.4.)

Versus

The State of Maharashtra, Through the Police Inspector Tofkhana Police Station, Tq. and District Ahilyanagar ..Respondent

WITH CRIMINAL APPLICATION NO.345 OF 2026 IN BAIL APPLICATION NO.6 OF 2026

ROHAN JAYENDRA CHAVAN VERSUS THE STATE OF MAHARASHTRA

AND

BAIL APPLICATION NO.7 OF 2026

Harshal Laxman Sarsar Age:- 20 years, Occ. Labour R/o. Municipal Colony, Delhi Gate, Ahilyanagar, Dist. Ahilyanagar ..Applicant (Accused no.7.)

Versus

The State of Maharashtra, Through the Police Inspector Tofkhana Police Station, Tq. and District Ahilyanagar ..Respondent

WITH

CRIMINAL APPLICATION NO.346 OF 2026 IN

BAIL APPLICATION NO.7 OF 2026

ROHAN JAYENDRA CHAVAN VERSUS THE STATE OF MAHARASHTRA

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Mr. R. R. Karpe, Advocate for Applicants. Ms. R. R. Tandale, APP for Respondent No.1. Mr. N. B. Patekar, Advocate to Assist to PP for Respondent No.2.

… CORAM : S. G. CHAPALGAONKAR, J. DATED : 13^th MARCH, 2026

ORDER:-

The applicants seeks regular bail in connection with Crime

No.791/2025 registered with Tofkhana Police Station, Dist. Ahilyanagar for offences punishable under Sections 111, 109-1, 126-2, 118-1, 189-1, 189-2, 190, 191-2, 191-3, 333, 324-4, 324-5, 61-2 of Bharatiya Nyaya Sanhita and Sections 37(1)(3) and 135 of Maharashtra Police Act.

The investigation was set in motion on the basis of information given by Rohan Jayendra Chavan. In nutshell it is alleged that accused Pawan and Shivam Pawar are resident of locality where informant also resides. They were convicted for offence lodged by informant. Enraged by their conviction, they used to harass informant and his family members. The informant had lodged report about misconduct on part of them. Both accused persons are operating PP gang in vicinity. On 22.07.2025, accused persons had installed C.D. System creating obstruction to traffic. On that count, there was some quarrel between informant’s family members and accused persons. On 24.07.2025, accused persons followed informant who was proceeding on his moped. They were holding deadly weapons like

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iron rod and wooden log. His aunt Geeta was present there. Accused persons hit informant’s aunt Geeta causing injuries on her hand. They asked whereabouts of informant and damaged household articles. They broke door and entered into house. Accused Amol Gore injured informant by means of iron rod. Accused Shivam inflicted injury of sharp weapon to informant. Applicants/accused and other accused persons hit him by wooden log. Accused persons injured informant’s wife who was trying to rescue him. Accused persons caused injury to other family members and gave threat to kill informant. Accused persons thrown stones, beer bottles on house of informant.

On the basis of aforesaid information, FIR came to be registered. The applicants have been arrested on 04.08.2025. They were remanded to PCR till 07.08.2025. Since then, they are behind bar. Before filing of charge-sheet, applicants had filed Bail Applications before Sessions Court, which were rejected. Even, Bail Applications moved before this Court were withdrawn. After filing of charge-sheet, applicants again moved Bail Applications before Sessions Court, which came to be rejected on 26.12.2025. Hence, these applications.

Heard learned Advocate appearing for applicants, learned APP for respondent-State and Mr. Patekar, learned Advocate appearing for respondent no.2, who assisted PP.

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Perusal of FIR indicates that family of informant had enmity with accused Pawan and Shivam, who are residing in same locality. Previously on complaint given by informant, offence was registered against them and they were convicted. Naturally, they had grudged against informant. On 24.07.2025, accused persons entered into informant’s house. They were holding iron rod, wooden log and other weapons. They broke open door. Firstly accused Amol Gore inflicted blow of iron rod on informant’s head. Thereafter, accused Shivam inflicted blow of sharp weapon on forehead of informant. Thereafter, accused Prashant Dalvi, Adharsh Salunkhe, Kiran Jare, Ganesh Bhujbal hit on informant’s head by wooden log. Accused persons caused injury to uncle of informant namely Jitendra Chavan and one Priyanka. Thereafter, other family members of informant were also assaulted and household articles including vehicles were broken.

The medical evidence on record suggests that informant Rohan has suffered multiple injuries due to assault of stones, sticks etc.. He was advised for X-ray of right and left forearms and CT Brain. However, nothing abnormal was detected. The victim Priyanka suffered simple injury. Victim Nilam suffered two injuries. One of them is fracture of ulna, which is classified

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as grievous. Other two injured namely Devyani and Jitendra suffered simple injuries.

Prima facie , perusal of FIR and statements of witnesses suggests that applicants were part of unlawful assembly. However, they have not played vital role in commission of offence. The FIR does not clearly suggest exact role of applicants. The allegations against applicants are omnibus and unspecific. The applicant-Adarsh stated to have hit informant by wooden log alongwith other four accused persons. The applicant-Harshal alleged to have participated in incident, but allegations against him are also omnibus. The statements of witnesses are also unspecific about role played by applicants.

Although Section 149 of Indian Penal Code or Section 190 of BNS is invoked, individual role or overt act of each accused is not significant. The Court cannot be oblivious to the possibility of over-implication. The alleged offence does not attract capital punishment. The applicants are young age persons. The applicant-Harshal is aged about 20 years, whereas applicantAdarsh is aged about 23 years.

The learned APP invites attention of this Court to transcript of CCTV footage and submits that applicants were seen at the spot alongwith other accused persons. The transcript

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shows that applicant-Adarsh was seen throwing stones and wooden pieces towards victim Anita, whereas applicant-Harshal is seen throwing wooden rod towards victim Nilam. However, medical evidence cannot be reconciled with role of applicants. The learned APP would submit that both applicants were members of PP gang and there are previous offences registered against them. The record shows that apart from present crime, both applicants are accused in Crime No.570/2025. The applicant-Adarsh is accused in Crime No.39/2025, whereas applicant-Harshal is accused in Crime No.1225/2025. However, that itself cannot be ground to deny bail to accused persons, particularly when they are behind bar for about seven months and trial is likely to take its own course. No purpose would be served by continuing further detention. Hence, following order:

ORDER

(i) Bail Applications are allowed.

(ii) The applicants, Adarsh Ramesh Salunke and Harshal Laxman Sarsar be released on bail in Crime No.791/2025 registered with Tofkhana Police Station, Dist. Ahilyanagar for offences punishable under Sections 111, 109-1, 126-2, 118-1, 1891, 189-2, 190, 191-2, 191-3, 333, 324-4, 324-5, 61-2 of Bharatiya Nyaya Sanhita and Sections 37(1)(3) and 135 of Maharashtra Police Act on furnishing P.B. and S.B. of Rs.50,000/- (Rs.Fifty Thousand only) each on following condition:

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a. The applicants shall not tamper with prosecution evidence in any manner.

b. The applicants shall attend each and every effective date before the Trial Court.

c. The applicants shall not indulge in criminal activity.

d. The applicants shall not enter in vicinity of Nalegaon, District Ahilyanagar till conclusion of trial.

(iii) Applications are disposed of.

(iv) In view of disposal of Bail Applications, pending Criminal Applications to assist PP also stand disposed of.

(S. G. CHAPALGAONKAR) JUDGE

Devendra/March-2026