Dadasaheb Gorakshanath Pawar v. The State Of Maharashtra

2025:BHC-AUG:34848

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1749 OF 2025 Dadasaheb Gorakshanath Pawar

VERSUS

The State Of Maharashtra ...

• Mr. Pathan Yunus Basheer, Advocate for Applicant • Mr. AAA Khan, APP for Respondent- State ...

CORAM : MEHROZ K. PATHAN, J.

DATED : 10.12.2025 PER COURT :

1.

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

2.

The applicant has approached this Court seeking anticipatory bail in connection with FIR No. 0288 of 2025, dated 04.08.2025, registered with Sonai Police Station, Taluka Newasa, District Ahmednagar, for the offences punishable under Sections 109(1), 118(2), 124(1), 126(2), 189(2), 190, 191(2), 191(3), 324(4) and 324(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is that the informant - Vilas Baban Aaynar lodged a report on 04.08.2025 stating that in the intervening night of 3rd August 2025, while he was returning home to Amalner 1/6

in a four-wheeler from Panegaon and reached Laxmi Corner near Karajgaon, he noticed a pick-up vehicle standing in the middle of the road. On blowing the horn, the pick-up moved forward and dashed his car. The applicant and co-accused alighted from the pick-up. The co-accused broke the windshield of his car and the applicant along with the co-accused allegedly assaulted him with weapons such as sword, iron rod, etc. The informant managed to escape and, with the help of a witness, reached the hospital for treatment. Based on his report, Crime No. 0288 of 2025 came to be registered. 4.

Learned counsel for the applicant submits that the applicant himself sustained injuries in the incident dated 03.08.2025, in respect of which an FIR is already lodged by accused - Pandurang Dharmaji Pawar, wherein the present complainant - Vilas Baban Aaynar is shown as accused No. 13. Both Pandurang and the applicant sustained serious injuries and underwent treatment for more than 25 days. Co-accused Pandurang had approached this Court for anticipatory bail, which came to be granted by order dated 15.10.2025 in ABA No. 1649 of 2025 on the ground that he had suffered serious injuries and that cross-cases were filed by both sides, rendering it difficult to ascertain who was the aggressor. 5.

It is therefore submitted that the present applicant - Dadasaheb Gorakshanath Pawar is identically situated, and that 2/6

identical allegations exist against him as those against Pandurang, who is already released on anticipatory bail by this Court vide order dated 15.10.2025, passed in ABA No. 1649 of 2025. The applicant expresses readiness to abide by any conditions imposed by this Court. 6.

It is further submitted that the applicant was hospitalized from 03.08.2025 to 28.08.2025 at the Civil Hospital, Ahilyanagar for treatment of serious injuries sustained in the said incident. A copy of the discharge card is placed on record and marked 'X' for identification. It is submitted that considering the allegations against the applicant and the medical record, and the absence of criminal antecedents, there is no likelihood of the applicant indulging in similar offences.

7.

As against this, the learned APP opposes the application, submitting that the applicant is involved in a serious offence of attempt to commit murder. It is alleged that he assaulted the complainant with an iron 'tommy', causing grievous injuries. Coaccused Karnasaheb Dharmaji Pawar has already been arrested, and if released on bail, the applicant may tamper with prosecution evidence or evade trial. It is therefore submitted that this is not a fit case for grant of anticipatory bail.

8.

I have considered the allegations in the FIR and the counter FIR bearing Crime No. 0289 of 2025 dated 05.08.2025 filed by co3/6

accused Pandurang against the assailants, including the present complainant Vilas. The injury certificates show that the injuries attributed to the applicant, as sustained by the complainant Vilas, are simple in nature. The more serious burn injuries are attributed to coaccused Kunda Pawar and Sarita Pawar, both of whom have been granted anticipatory bail.

9.

Perusal of the orders dated 15.10.2025 in ABA Nos. 1649 of 2025 and 1570 of 2025 shows that co-accused Pandurang was granted anticipatory bail on the ground of having suffered serious injuries in the same incident. The discharge card issued by Civil Hospital shows that the present applicant also underwent treatment from 03.08.2025 to 28.08.2025. The injury certificate produced by the learned APP reflects five contused lacerated wounds and one stab injury on the left abdomen, 5 cm in length, indicating grievous injuries. The observations of this Court in ABA No. 1649 of 2025 regarding inability to determine the aggressor applies equally in the present application filed by the applicant - Dadasaheb Gorakshanath Pawar.

10.

Considering the above facts, and applying the principle of parity, the applicant, who is similarly situated as co-accused Pandurang, deserves protection. The apprehensions of the learned APP can be addressed by imposing stringent conditions. 4/6

11.

Hence, the following order :-

O R D E R

i.

In the event of arrest of the applicant - Dadasaheb Gorakshanath Pawar, he shall be released on bail on furnishing P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two solvent sureties in the like amount, in connection with FIR No. 0288 of 2025, dated 04.08.2025, registered with Sonai Police Station, Taluka Newasa, District Ahmednagar, for the aforesaid offences, subject to the following conditions :- A) The applicant shall attend the concerned police station and report to the Investigating Officer on every Saturday between 12:00 noon and 02:00 p.m. till filing of the charge-sheet and thereafter as and when called.

B) The applicant shall not enter Village Sonai until filing of the charge-sheet.

C) The Applicant shall also cooperate with the investigation.

D) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

E) The applicant shall furnish copies of his Aadhaar Card and PAN Card to the Investigating Officer along with the addresses and mobile numbers of two nearest relatives.

5/6

12.

Needless to say that violation of any of the above conditions or involvement of the applicant in any other cognizable offence shall entitle the prosecution to seek cancellation of bail. 13.

The Anticipatory Bail Application is disposed of accordingly. ( MEHROZ K. PATHAN, J. ) 6/6