Vikas S/O Arvind Dongre v. State Of Maharashtra Thr P.S.O. P.S. Yashodhara Nagar Nagpur

2025:BHC-NAG:2702

(1) 26.ba.84.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.84 OF 2025 Vikas s/o Arvind Dongre Vs.

State of Maharashtra, through Police Station Officer, Police Station, Yashodhara Nagar, Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Aadit Ved, Counsel for the applicant.

Ms. H. N. Prabhu, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 17/03/2025 1.

The applicant came to be arrested on 06.12.2024 in connection with Crime No.799/2024 registered with Police Station, Yashodhara Nagar, Nagpur for the offences punishable under Sections 352, 351(2), 118(1) and 109 of the Bharatiya Nyaya Sanhita, 2023.

2.

Heard learned Counsel for the applicant, who submitted that due to the dispute between the neghibours, the alleged incident has taken place. Even accepting the prosecution case as it is, the injured and his wife have sustained the injuries which are simple in nature. The investigation is already completed and charge-sheet is filed and further incarceration of the present applicant is not required. The injured are already discharged from the hospital.

(2) 26.ba.84.2025 Considering all these aspects, the applicant be released on bail.

3.

Learned APP strongly opposed the said application on the ground that there was an intention on the part of the present applicant to cause grievous injuries which may have resulted into the death of the injured. Learned APP further submitted that there are criminal antecedents against the present applicant. In view of that, the application deserves to be rejected.

4.

After hearing both the sides and on perusal of the investigation papers, it reveals that the investigation is already completed and charge-sheet is filed. The injuries sustained by the two injured are also simple in nature. They are immediately discharged from the hospital. Admittedly, there are criminal antecedents against the present applicant, but that itself is not sufficient to reject the application of the present applicant. In view of that the applicant has made out a case for grant of bail. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) The applicant Vikas s/o Arvind Dongre shall be released on bail in connection with Crime No.799/2024 registered with Police Station, Yashodhara Nagar, Nagpur for the offences punishable under Sections 352, 351(2),

(3) 26.ba.84.2025 118(1) and 109 of the Bharatiya Nyaya Sanhita, 2023, on executing PR Bond in the sum of Rs.25,000/- with one solvent surety of the like amount.

(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

(iv) The applicant shall stay out of Sanjay Gandhi Nagar and shall not enter into the vicinity of Yashodhara Nagar, till culmination of the trial. (v) The applicant shall attend the proceeding before the trial Court without seeking any exemption unless there are exceptional circumstances.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate