Piyush Sharad Desale v. The State Of Maharashtra And Another

2025:BHC-AUG:25997

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 ANTICIPATORY BAIL APPLICATION NO. 893 OF 2025 Piyush Sharad Desale, Age: 18 yrs, Occ. - Education, R/o. Khalane, Tq. Shindkheda, Dist. Dhule.

...Applicant

VERSUS

The State of Maharashtra And Another .....Respondents .....

Mr. S. G. Deshmukh h/f Mr. B. R. Warma, Advocate for the Applicant Mr. S. K. Shirse, APP for Respondents - State .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

23.09.2025 PER COURT :

1.

Heard the learned Advocate for the Applicant and the learned APP for the Respondent - State. Perused the papers on record. 2.

Since the Applicant is apprehending arrest in Crime No.0317/2024, registered with Sindhkheda Police Station, District Dhule, for the offence punishable under Sections 115, 118(1), 74, 76, 352, 351(1), 351(2), 189(2), 191(2), 191(3) and Section 190 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS'), he has filed this Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS') for Anticipatory Bail .

3.

The aforesaid Crime is registered on the report lodged by the victim. She is a resident of Village Khalane, Taluka Sindhkheda, District Dhule. The FIR named Accused, including the Applicant reside nearby the house of the Informant. The relations between the Informant's family and the Accused persons are not cordial. On the point of earlier discord, the Informant was assaulted on 14/11/2024 at 10:30 a.m. by the Applicant with an iron rod and a knife and also outraged her modesty. The Accused persons, thereafter, left the spot as the public had gathered. The Informant was admitted to the Hospital, and on her statement, the aforesaid Crime is registered.

4.

A copy of the First Information Report [FIR] dated 07/09/2024 shows that, one Crime bearing No.0246/2024 was registered on the report of the Applicant's uncle against the son of the Informant in respect of one incident dated 06/09/2024. The said Crime was registered for the offence punishable under Sections 109, 351(2) and Section 352 of BNS. This goes to show that, there is enmity between both the sides. In the present Crime, the Applicant is named as one of the assaulter and as the person, who outraged the modesty of the Informant. The medical certificate dated 14/11/2024, i.e. the date of incident, shows the injury on the person of the Informant. The history of assault on 14/11/2024 at 10:30 a.m. is mentioned in the injury certificate. This corroborates the version of the Informant, which admittedly is recorded after ten (10) days. However, the FIR shows that, the Informant

was hospitalized. Considering the role attributed to the Applicant and the nature of offence, in my considered view, this is not a fit case to exercise the powers under Section 482 of BNSS. Hence, the following order :

ORDER

.

Anticipatory Bail Application is rejected.

[NEERAJ P. DHOTE, J.] Sameer/September-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 23/09/2025 19:02:38