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Bombay High CourtABA/395/2025withdrawn

Ganesh Sanjay Shinde v. The State Of Maharashtra And Another

2025-03-26Hon'Ble Shri Justice Arun R. Pedneker5 pages

2025:BHC-AUG:8978

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 ANTICIPATORY BAIL APPLICATION NO. 397 OF 2025

1. MAHESH MAHADEV GAPAT

2. SHUBHAM RAVIKANT GAPAT

3. ROHAN MADHUKAR GAPAT

4. PRANAV PRABHAKAR GAPAT

5. PRUTHVIRAJ RAMESH GAPAT

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Kawade Shrikant G. APP for Respondent/State: Mr. S. K. Shirse ...

WITH ...

ANTICIPATORY BAIL APPLICATION NO. 395 OF 2025 GANESH SANJAY SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Undre Vikram Shivaji APP for Respondent/State: Mr. S. K. Shirse ...

WITH ...

ANTICIPATORY BAIL APPLICATION NO. 400 OF 2025

1. RAMESH @ PINTU UTTAM PATIL

2. MAHADEV SAHEBRAO GAPAT

3. KAILAS SANTOSH DOKE

4. ASHOK RAMESHWAR GAPAT

5. UMESH HANUMANT GAPAT

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Kawade Shrikant G. APP for Respondent/State: Mr. S. K. Shirse

CORAM : ARUN R. PEDNEKER, J.

DATE : 26.03.2025 P.C. :

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

2] The applicants are apprehending arrest in connection with Crime No.0050/2025, registered at Washi Police Station, District Dharashiv, for the offences punishable under Sections 118(2), 352, 137(2), 189(2), 191(2), 190 of the Bharatiya Nyaya Sanhita, 2023. 3] In ABA/395/2025, the learned counsel for the sole applicant, on instructions, seeks leave to withdraw the application.

Leave granted. The application is dismissed as withdrawn.

4] In ABA/397/2025 and ABA/400/2025 the learned counsel for the applicants, on instructions, seeks leave to withdraw the applications for the following applicants:- IN ABA/397/2025:

1. MAHESH MAHADEV GAPAT

2. SHUBHAM RAVIKANT GAPAT

3. ROHAN MADHUKAR GAPAT

5. PRUTHVIRAJ RAMESH GAPAT

IN ABA/400/2025:

1. RAMESH @ PINTU UTTAM PATIL 5] Leave granted. The applications are dismissed as withdrawn qua the respective applicants, as prayed above.

6] I have perused the allegations in the FIR and considering the submissions it appears that the FIR in the instant case is registered after three days and that the allegation against the applicants is that they have assaulted the informant and the allegations are general in nature. Considering that the possibility of over implication cannot be ruled out in the matter, so also, it is stated that the hockey sticks are recovered from the spot and, also, considering that there is only one grievous injury, the present applicants can be granted anticipatory bail. 7] In view of the above, ABA/397/2025 and ABA/400/2025 are allowed qua the remaining applicants in the following terms :

i] In the event the applicants - PRANAV PRABHAKAR GAPAT, MAHADEV SAHEBRAO GAPAT, KAILAS SANTOSH DOKE, ASHOK RAMESHWAR GAPAT, UMESH HANUMANT GAPAT are arrested in

connection with Crime No.0050/2025, registered at Washi Police Station, District Dharashiv, for the offences punishable under Sections 118(2), 352, 137(2), 189(2), 191(2), 190 of the Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing PR bond of Rs.15,000/- each with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicants shall attend the police station as and when required by the Investigating Officer. iii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

8] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.

9] It is also clarified that the observations made in this order are limited to the disposal of the present

anticipatory bail applications and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

10] The applications stand disposed of.

[ARUN R. PEDNEKER] JUDGE marathe