Sandip Dnyanoba Shinde v. The State Of Maharashtra And Another
2025:BHC-AUG:36204 {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1979 OF 2025 Sandip Dnyanoba Shinde versus The State of Maharashtra and another.
...
Mr. R.N. Chavan, Advocate for the applicant.
Mr. A.S. Shinde, APP for respondent.
CORAM : MEHROZ K. PATHAN, J.
DATE : 15th DECEMBER, 2025.
P.C. :- 1.
The applicant has filed the present application seeking anticipatory bail in connection with Crime No. 0611 of 2025, registered Udgir Rural Police Station, Dist. Latur, for the offences punishable under Sections 115-2, 118-2, 189-2, 190, 191-2, 191-3, 351-2, 352 of Bhartiya Nyaya Sanhita.
2.
The case of the prosecution is that informant Sandip Suryawanshi lodged a report on 27.9.2025, stating that on 11.08.2025 at about 2.00 p.m., he went to Ali Nagar, Udgir to the house of his brother in law - Julias Ratnaprakash Suryawanshi for his mother's death anniversary. A quarrel occurred between the maternal uncle of his brother in law, Shivraj Shinde and the informant, during which Shivraj Shinde abused him. At that time, the informant's sister in law, Shital Vinod Shinde, Ribika Viru Waghmare and Rechal Satish Chavan caught hold of his shirt and slapped him. Subsequently, Sandip Shinde, Mahadev Jadhav and Amol Shinde arrived and stated that the informant should be killed. Sandip Shinde then struck him on the head with an
{2} iron punch, causing serious injuries. Mahadev Jadhav and Kishan Shinde assaulted him with kicks and fists. Therefore, he filed a report. Accordingly the FIR came to be registered.
3.
The learned counsel for the applicant submits that the applicant is falsely roped in the present case. There is a delay of 46 days as the incident has occurred on 11th August, 2025 whereas the FIR is filed on 27th September, 2025. The applicant is the bread winner of the family and the initial medical certificate indicated only simple injury and the informant thereafter pressurized the Medical Officer to issue a false certificate of grievous injury. The applicant has deep roots in the society and may not flee away from ends of justice if released on anticipatory bail.
4.
The learned APP vehemently opposes the application on the ground that the applicant has allegedly used iron punch to cause injury upon the complainant. The injury certificate of injured Sandip Suryawanshi shows grievous injury sustained by him which is a hair-line fracture. The other two accused who are released on bail were released only on the ground that the applicant is attributed major role in assault by dangerous weapon, whereas, the other two accused were only alleged to have used fists and kick blows in the assault. As such, the custodial interrogation of the applicant would be necessary. Hence, he prays for rejection of the application on the ground that this is not a fit case to allow the application.
5.
I have gone through the investigation papers made available by learned APP Mr. Shinde. Perusal of the FIR shows that offence has occurred on 11th August, 2025 whereas the same is reported on 27th September, 2025. The complainant has failed to report the incident within reasonable time. The FIR also does not give any explanation for
{3} the inordinate delay of more than one month in filing the FIR. There are no other reason given by the complainant which would justify the inordinate delay. The initial Injury Certificate though shows that the complainant was examined on 11.08.2025, however, same also further fortifies the submission of the learned counsel for the applicant that delay of 46 days is not explained and false implication of the applicant cannot be ruled out. However, these observations are prima facie in nature and made only for the purpose of deciding this application and may not influence the trial court.
6.
Be that as it may. After going through the investigation papers, I am of the opinion that there is inordinate delay in registration of FIR which is not sufficiently explained. The FIR is completely silent on the point of reason for delay even though the complainant was examined on 11.08.2025. The investigation papers further show that other accused persons i.e. Rebika Waghmare was already arrested and released on bail and the other two accused are already released on anticipatory bail by the learned Sessions Court. Hence, the apprehension of the learned APP that the applicant may again create a law and order situation and threaten the informant, can be taken care of, by imposing stringent conditions. Hence, the following order :-
O R D E R
[I] The application is allowed ;
[ii] In the event of arrest of the applicant, in connection with Crime 0611 of 2025, registered Udgir Rural Police Station, Dist. Latur, for the offences punishable under Sections 115-2, 118-2, 189-2, 190, 191-2, 191-3, 351-2, 352 of Bhartiya Nyaya Sanhita. the applicant Sandip Dnyanoba Shinde, be released on bail on furnishing PR Bond in the sum of Rs. 50,000/- , with one or more sureties in the like amount, on the following conditions :
{4} [i] The applicant shall attend the Udgir police station and report to the Investigating Officer on every Friday and Saturday between 11.00 a.m. to 1.00 p.m. till framing of charge and shall cooperate with the investigation. [ii] The applicant shall not tamper with the prosecution evidence.
[iii] The applicant shall submit his Aadhar and Pan card to the Investigating Officer. He shall also furnish the mobile numbers and addresses of two of his near relatives to the Investigating Officer.
[iv] The application is disposed of .
[MEHROZ K. PATHAN] JUDGE.
grt/-