1. Anticipatory bail in cross FIR for offences under various sections of BNS, 2023. (Para 2 , 3 )
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2025 Supreme(Online)(Bom) 166097
HIGH COURT OF BOMBAY
Madhav J. Jamdar, J
Aditya @ Bhuvan Dinkar Chinchawde – Appellant
Versus
State of Maharashtra – Respondent
ANTICIPATORY BAIL APPLICATION NO.3519 OF 2025
Important Points
Anticipatory bail may be granted where it is prima facie evident that the FIR was filed as a counter-blast to a prior FIR and the applicant is seriously injured, making custodial interrogation unnecessary, notwithstanding minor family-related antecedents.
Subject
Criminal Law - Bail
Act Referred
Bharatiya Nagarik Surakhsha Sanhita, 2023: S.482
Bharatiya Nyaya Sanhita, 2023: S.109, S.115(2), S.118(2), S.281, S.352, S.324(4), S.189(1), S.190, S.308(5), S.351(2)
Criminal Amendment Act, 2013: S.3, S.7
Bharatiya Nyaya Sanhita, 2023: S.109, S.115(2), S.118(2), S.281, S.352, S.324(4), S.189(1), S.190, S.308(5), S.351(2)
Criminal Amendment Act, 2013: S.3, S.7
Headnote
(A) Anticipatory Bail - Cross FIRs - FIR filed as a counter-blast - Where a subsequent FIR is lodged shortly after a prior FIR involving the same incident and parties, and the applicant is himself grievously injured, the subsequent FIR is prima facie viewed as a counter-blast, reducing the necessity for custodial interrogation. (Para 6)
(B) Anticipatory Bail - Antecedents - Minor disputes - The existence of a prior criminal record arising from family disputes for minor reasons does not necessarily preclude the grant of anticipatory bail if the current facts warrant relief. (Para 6)
Issues: Whether the applicant is entitled to pre-arrest bail in a case involving cross-FIRs where the subject FIR appears to be a counter-blast.
(B) Anticipatory Bail - Antecedents - Minor disputes - The existence of a prior criminal record arising from family disputes for minor reasons does not necessarily preclude the grant of anticipatory bail if the current facts warrant relief. (Para 6)
Issues: Whether the applicant is entitled to pre-arrest bail in a case involving cross-FIRs where the subject FIR appears to be a counter-blast.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Ashwin R. Kapadnis
For the Respondents: S. M. Yadav
For the Appellants/Petitioners: Ashwin R. Kapadnis
For the Respondents: S. M. Yadav
Table of Contents
2. Applicant sought bail claiming cross FIR and injuries; state opposed citing serious offence and antecedent. (Para 4 , 5 )
3. Subject FIR is a cross FIR filed as counterblast; applicant is grievously injured and in hospital; custodial interrogation unnecessary. (Para 6 )
4. In cross FIR cases with grievous injury to accused, custodial interrogation may be unnecessary for grant of anticipatory bail. (Para 6 )
5. Anticipatory bail granted on furnishing PR bond of Rs.25,000 with sureties and standard conditions. (Para 7 )
6. What is the relevance of a cross FIR in an anticipatory bail application?
A cross FIR filed as a counterblast, especially where the applicant is grievously injured, is a significant factor favoring grant of anticipatory bail. (Para 6 )
7. Does a single antecedent automatically disentitle an applicant from anticipatory bail?
No, a single antecedent arising from a minor family dispute is not sufficient to deny anticipatory bail when other factors favor its grant. (Para 6 )
CORAM: MADHAV J. JAMDAR, J.
DATED : 22nd DECEMBER 2025
PC:-
1. Heard Mr. Kapadnis, learned Counsel appearing for the
Applicant and Ms. Yadav, learned APP for the Respondent-State.
2. By this Application filed under Section 482 of the Bharatiya
Nagarik Surakhsha Sanhita, 2023 (“BNSS”) the Applicant is
seeking pre-arrest bail in connection with C.R. No.518 of 2025
registered on 04th December 2025 with Chinchwad Police Station,
Pimpri Chinchwad for the offences punishable under Sections 109 ,
115(2), 118(2), 281, 352, 324(4), 189(1), 189(2) and 190 of the
Bharatiya Nyaya Sanhita, 2023 (“BNS”).
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3. The prosecution case is set out in Paragraph No.2 of order
dated 16th December 2025 passed by learned Additional Sessions
Judge, Pune in Criminal Bail Application No.8447 of 2025, which
reads as under :-
‘2) In brief it is case of prosecution that informant
Shubham Dattatray Shinde, Basavraj Helve on
3/12/2025 at about 10.00 p.im. consumed the liquor
at the house of Basävraj Hegde and at about 4.00 p.m.
the above two persons and Sham Koli were going by
four wheeler vehicle no. MH 14 LY 4794 from the road
infront of Maratha Darbar hotel at Chinchwad one
unknown person came across their vehicle. So
Basavraj Helve stopped that vehicle and asked that
person whether he can't see the car coming by the
road. Thereafter, both these persons quarrelled with
each other. In quarrel Helve gave slap to that person.
At that time Aditya Chinchwade, Kartik Ghodke,
Shivam Hagawane, Sunil Chinchwade and two
unknown persons came there and started to beat
them. Aditya Chinchwade picked piece of glass from
the road and assaulted on Helve by it on his head but
Helve succeed to avoid that assault and it was
assaulted on left eyebrow. Sunil Chinchwade picked
another piece of glass and assaulted on back side of
his head to kill him. When they fell down Kartik
Ghodke, Shivam Hagawane bet them by kicks and
blows. Somehow they succeed to ran away and were
admitted at YCM hospital, Pune. Thereafter, they
lodged report to police station on 4/12/2025. On his
report abovesaid offence is registered.”
4. It is the submission of Mr. Kapadnis, learned Counsel
appearing for the Applicants that there is a cross FIR being CR
No.517 of 2025 registered under Section 109 , 308(5), 189,
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189(1), 189(2), 190, 352, 351(2) of BNS and 3 and 7 of Criminal
Amendment Act, 2013 registered with Chinchwad Police Station
on 04th December 2025 at 17:39 and the subject FIR has been
lodged, subsequently, as a counter blast being CR No.518 of 2025
registered on 4th December 2025 at 21:03 i.e. after about 4 hours.
He submits that the allegations against the Applicant is that he
assaulted the injured by glass. He submits that the Applicant has
been grievously injured and he is still in the hospital. He further
submits that the Applicants are not involved in the crime and
therefore, Anticipatory Bail Application be granted.
5. On the other hand, Ms. Yadav, learned APP, strongly opposes
the Anticipatory Bail Application. She submits that the offence is
very serious. She further submits that the Applicants are involved
in the crime and the Applicant has one antecedent.
6. Perusal of the records shows that the subject FIR being CR
No.518 of 2025 is the cross FIR. In said FIR the Accused No.1 is
the First Informant in prior F.I.R. being C.R. No.517 of 2025. After
the lodging of earlier FIR being C.R. No.517 of 2025, subsequently,
after about 4 hours the subject FIR has been filed being CR No.518
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of 2025. The Applicant is grievously injured in the incident and
still he is in the hospital. Thus, prima facie the subject FIR has
been filed as a counter blast to the FIR which has been filed by the
Accused No.1. Although, there is one antecedent, the same is
arising
