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Bombay High CourtBA/1072/2025application allowed

Gaurav Prabhakar Salve v. The State Of Maharashtra

2025-07-25Hon'Ble Shri Justice Arun R. Pedneker4 pages

2025:BHC-AUG:19740

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 BAIL APPLICATION NO. 1072 OF 2025 GAURAV PRABHAKAR SALVE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.S.R.Zambare APP for Respondent-State : Mr.N.B.Patil ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 25.07.2025 P.C. :

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

2] The applicant is seeking bail as he is arrested on 19.03.2024 in connection with Crime No.0984/2024, registered with Tophkhana Police Station, Taluka and District Ahmednagar, for the offence punishable under Sections 109, 115 (1), 189 (2), 190, 191 (3), 351 (2), 351 (3), 352 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 37 (1), 37 (3) of the Maharashtra Police Act. 3] The case against the present applicant is that on 05.09.2024 at about 7.00 p.m. informant, his wife, maternal uncle and aunt stopped for filling petrol in two wheeler at

Deepak Petro Pump, Ahmednagar, at that time, two unknown persons came on a motorcycle and told the informant to take his motorcycle back, thereafter, the informant responded to them that he will move the motorcycle after filling petrol. After filling petrol, the informant, his wife, maternal uncle and aunt stopped near Faluda handcart to each Faluda. Thereafter, there was altercation between the informant and the applicant and the applicant assaulted the informant. As such, the FIR is registered against the applicant.

4] The learned APP submits that there are four antecedents against the present applicant and the applicant is involved in the alleged crime. As such, bail should not be granted in favour of the applicant.

5] On perusal of the CCTV footage, it appears that, the informant is responsible for the alleged incident of assault and it is not seen in the CCTV footage that the applicant alone has assaulted the informant. The informant has sustained simple injuries. The Medical Certificate issued by the Government Hospital shows that the injury caused to the informant is simple in nature. The applicant is in custody from 19.03.2025. Investigation in the matter is complete and charge sheet is filed. Considering the same, the applicant is granted bail. The application is allowed in the following terms :

a] The applicant shall be released on bail in connection with Crime No.0984/2024, registered with Tophkhana Police Station, Taluka and District Ahmednagar, for the offence punishable under Sections 109, 115 (1), 189 (2), 190, 191 (3), 351 (2), 351 (3), 352 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 37 (1), 37 (3) of the Maharashtra Police Act, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.

d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.

6] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

7] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC