Anil Alias Kaluppa Vinayak Avhad And Others v. The State Of Maharashtra And Another

1 39ABA928.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

ANTICIPATORY BAIL APPLICATION NO. 928 OF 2025 1.

Anil @ Kaluppa Vinayak Avhad, Age : 39 years, Occu. Agri., 2.

Shubham Ravindra Adhav, Age : 29 years, Occu. Agri., 3.

Prakash @ Sonu Devidas Bodakhe, Age : 30 years, Occu. Agri., All R/o. Mohinirajnagar, Kopargaon, Tq. Kopargaon, Dist. Ahmednagar.

...Applicants

Versus

1.

The State of Maharashtra, Superintendent of Police Ahilyanagar, Dist. Ahmednagar.

2.

The Police Inspector, Kopargaon Police Station, Tq. Kopargaon, Dist. Ahmednagar.

...Respondents

.......

Mr. Avinash N. Barhate Patil - Advocate for the Applicants Mr. B. B. Bhise - APP for State ..........

CORAM : NEERAJ P. DHOTE, J.

DATED : 08TH SEPTEMBER, 2025 PER COURT : - 1.

Mr. Barhate Patil, learned Advocate for the Applicants submits that, he has instructions to not press the Application to the extent of Applicant No. 1 - Anil @ Kaluppa Vinayak Avhad and Applicant No. 2 - Shubham Ravindra Adhav.

2 39ABA928.2025.odt 2.

This is an Application for pre-arrest bail in connection with Crime No. 0165 of 2025 registered with Kopargaon Police Station, Dist. Ahilyanagar. The said Crime has been registered on the report lodged by one Atul Devidas Avhad that, in the night of 27.03.2025, he was assaulted by the persons named in the FIR by sword, wooden log, baseball bat, fist and blows. The said incident is reported to be the outcome of one incident which took place in the afternoon of the same day when the informant interfered in one incident wherein one Sonya Avhad, Nitin Hamre and Sagar Pandor were abusing one person by name, Dadu, who was known to the informant. Since the incident of assault was reported to the Police Station, the Crime referred to above came to be registered for the offences punishable under Sections 3 and 25 of the Arms Act, 1959, and under Sections 352, 351(2), 191(3), 191(2), 191(1), 190, 189(2), 118(2), 118(1) and 115(2) of the Bharatiya Nyaya Sanhita, 2023 [hereinafter referred to as 'B.N.S.']. 3.

Heard learned Advocate for Applicant No. 3 and the learned APP for the State. Perused the papers made available by the learned APP.

4.

Though Applicant No. 3 - Prakash @ Sonu Devidas Bodakhe is shown to be present on the spot of incident, no specific role is attributed to him. The assault by deadly weapon is attributed to the

3 39ABA928.2025.odt other co-accused. Applicant No. 3 - Prakash @ Sonu Devidas Bodakhe was protected by interim order dated 14th July, 2025. It is nobody's case that the Applicant No. 3 has breached the conditions imposed upon him while granting interim protection. In these facts and circumstances, the interim protection granted to Applicant No. 3 - Prakash @ Sonu Devidas Bodakhe, needs to be confirmed. Hence, the following order : -

ORDER

[i] The interim protection granted to Applicant No. 3 - Prakash @ Sonu Devidas Bodakhe vide order dated 14th July, 2025, is confirmed.

[ii] The Application stands disposed off as not pressed to the extent of Applicant No. 1 - Anil @ Kaluppa Vinayak Avhad, and Applicant No. 2 - Shubham Ravindra Adhav. [iii] The Application stands disposed off accordingly. [NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 08/09/2025 20:15:46