Rupesh Milan Shinde And Others v. The State Of Maharashtra
2025:BHC-AUG:24865
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 956 ANTICIPATORY BAIL APPLICATION NO. 912 OF 2025
1. Rupesh Milan Shinde, Age: 29 yrs, Occ. - Labourer, R/o. Lakshmi Nagar, Sillod, Tq. Sillod, Dist. Chhatrapati Sambhajinagar.
2. Charan Badal Bawari, Age: 29 yrs, Occ. - Labourer, R/o. Lokhande Pada, Near Kalimata Mandir, Tq. Palghar, Dist. Palghar.
3. Yuvraj Badal Bawari, Age: 29 yrs, Occ. - Labourer, R/o. Boisar, Tq. & Dist. Thane.
...Applicants
VERSUS
The State of Maharashtra .....Respondent .....
Mr. Radikar Akshay Suresh, Advocate for Applicants Mr. B. B. Bhise, APP for the Respondent - State .....
CORAM
:
NEERAJ P. DHOTE, J.
DATE :
16.09.2025 PER COURT :
1.
The Applicants are apprehending arrest in Crime No.0009/2025, registered with Hasnabad Police Station, District Jalna, for the offence punishable under Sections 352, 191(3), 191(2), 190, 189(2), 118(2), 118(1) and Section 117(2) of the Bharatiya Nyaya Sanhita Act, 2023 [hereinafter referred to as 'BNS'], and therefore, this Application for Anticipatory Bail is filed.
2.
Learned Advocate for the Applicants submits that, the Applicant Nos.1 and 2 are not protected by the interim order and he be permitted to withdraw this Application to the extent of Applicant Nos.1 and 2. He submits that, the role attributed to the Applicant No.3 - Yuvraj is not specific and omnibus allegations are made against the Applicant No.3 and the Co-accused - Rohan and Roshan, who are released on regular bail by the learned Sessions Court. He submits that, the Applicant No.3 has not misused his liberty, and therefore, the Application be allowed to the extent of Applicant No.3 - Yuvraj. 3.
The Application is opposed by the learned APP. He submits that, the Applicant No.3 is also named in the FIR and the role of assault is attributed to him. The Informant has suffered three [03] grievous injuries, and therefore, the Application of Applicant No.3 be rejected. 4.
Perusal of the FIR shows that, the specific role of assault is attributed to the Applicant Nos.1 and 2 with the axe, iron rod and wooden log. As far as the Applicant No.3 - Yuvraj is concerned, it is stated that, the Applicant No.3 - Yuvraj and the Co-accused - Rohan and Roshan assaulted by the iron rod, wooden log on the leg of the Informant. This shows that, there is no specific role attributed to the Applicant and omnibus accusations of assault are made against the Applicant No.3 - Yuvraj with the Co-accused - Rohan and Roshan, who are enlarged on bail. The order dated 10/07/2025 shows that, by considering the papers on record, this Court granted interim protection to the Applicant No.3 - Yuvraj on certain conditions. It is nobody's case that, the Applicant No.3 has misused the interim protection. Considering these aspects, I am inclined to confirm the interim protection granted to the Applicant No.3. Hence, the following order :
ORDER
[I] The Anticipatory Bail Applications stands dismissed as withdrawn to the extent of Applicant Nos.1 and 2, namely, Rupesh Milan Shinde and Charan Badal Bawari.
[II] Interim protection granted by this Court vide order dated 10/07/2025 to the Applicant No.3, namely, Yuvraj Badal Bawari, is confirmed on the same terms and conditions.
[III] Anticipatory Bail Application stands disposed off accordingly. [NEERAJ P. DHOTE, J.] Sameer/September-2025 Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge Date: 16/09/2025 20:12:36