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Bombay High CourtABA/977/2025application allowed

Dinesh Sanay Shinde And Others v. The State Of Maharashtra And Another

2025-10-01Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:27405

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

ANTICIPATORY BAIL APPLICATION NO.977 OF 2025 1.

Dinesh Sanjay Shinde 2.

Shubham Sanjay Shinde 3.

Vishal Gorakh Shinde 4.

Sunil Dadarao Deware .. Applicants

Versus

The State of Maharashtra and Another .. Respondents .....

Shri. Ambar S. Barlota, Advocate for the Applicants Shri. B. B. Bhise, APP for the Respondents - State. .....

CORAM : NEERAJ P. DHOTE, J.

Dated :

OCTOBER 01, 2025 PER COURT :- .

Since the Applicants are apprehending arrest in connection with Crime No.0212/2025 registered with Chikalthana Police Station, Dist. Chhatrapati Sambhajinagar (Rural) for the offence punishable under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), this Application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') for Anticipatory Bail.

2.

Heard the learned Advocate for the Applicants and the learned APP for the State. Perused the papers on record. 3.

The case of the Prosecution is that, in the night of 30.04.2025, when Harshal Parikh along with Witness had gone to the hotel belonging to the Applicant No.1 - Dinesh, the incident took place and

the Applicants assaulted Harshal.

4.

There is earlier FIR in respect of the same incident with the same Police Station and CR No.0213/2025 came to be registered for the offences punishable under Sections 118(2), 118(1), 119(1), 352, 351(2), 351(3), 3(5) of the BNS, and Section 4/25 of the Arms Act, 1959. The role attributed to the Applicants is assault by Stick. The papers with the Application show that, the Applicants also suffered injuries. Who was the aggressor would be decided at the time of the Judgment after the evidence is led. In this view of the matter and considering the role attributed to the Applicants, I am inclined to allow the Application. Hence, the following order :

O R D E R

i) The Application is allowed.

ii) In the event of arrest of the Applicants in connection with Crime No.0212/2025 registered with Chikalthana Police Station, Dist. Chhatrapati Sambhajinagar (Rural), they be released on bail on executing P.B. of Rs.15,000/- (Rupees Fifteen Thousand) each, with one surety in the like amount.

iii) The Applicants shall cooperate with the Investigating Machinery. iv) The Applicants shall attend the concerned Police Station as and when called.

v) The Application stands disposed off.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 01/10/2025 19:43:44