Sandeep Singh Balbir Singh Dillan v. The State Of Maharashtra, Thr. Pso, Ps, Kapil Nagar, Nagpur
2025:BHC-NAG:6069
(1) 928.ba.559.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.559 OF 2025 Sandeep Singh Balbir Singh Dillan Vs.
State of Maharashtra, through Police Station Officer, Police Station Kapil 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. Adwait Manohar, Counsel h/f Mr. V. V. Joshi, Counsel for the applicant. Mr. Amit Madiwade, APP for the non-applicant/State. Mr. G. G. Sahu, Counsel for the complainant.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 24/06/2025 1.
The applicant came to be arrested on 02.04.2025 in connection with Crime No.211/2025 registered with Police Station Kapil Nagar, Nagpur for the offence punishable under Sections 135, 109, 189(2), 189(4), 190, 191(3), 296 and 351(3) of he Bharatiya Nyaya Sanhita, 2023.
2.
The crime is registered on the basis of report lodged by Jisbirsingh Swarnsingh Gil on an allegation that the election of Babadeepsingh Nagar Gurudwara was scheduled and on that count, there was a meeting and during that meeting, there was a hot exchange of words between the informant, the present applicant and the other co-accused and during that meeting, it is alleged that the present applicant and the other co-accused had weapons in
(2) 928.ba.559.2025 their hands and assaulted to him. On the basis of the said report, police have registered the crime against the present applicant and other co-accused.
3.
Heard learned Counsel for the applicant, who submitted that the cross-complaints are registered about the said incident. In a cross-compliant, the Court has already protected the accused therein by granting anticipatory bail. As far as the present applicant is concerned, the general allegation is levelled against him. The injured is already discharged from the hospital. There is no apprehension of death. Now the investigation is also completed, further incarceration of the present applicant is not required. In view of that, the applicant be released on bail.
4.
Learned APP and learned Counsel for the complainant strongly opposed the said application on the ground that the applicant and the other co-accused came in a meeting by holding weapons in their hands and assaulted the injured. Three accused are absconding and they are yet to be arrested. Considering the same, the application deserves to be rejected.
5.
On hearing both sides and on perusal of the investigation papers, it reveals that in a scuffle between the two groups, the alleged incident has taken place and both the group members have sustained the injures. As far as the injury sustained
(3) 928.ba.559.2025 by the complainant is concerned, which is simple in nature. Now, the investigation is practically completed. As far as the further incarceration of the present applicant is concerned, which is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:
ORDER
(i) The application is allowed.
(ii) The applicant Sandeep Singh Balbir Singh Dillan shall be released on bail in connection with Crime No.211/2025 registered with Police Station Kapil Nagar, Nagpur for the offence punishable under Sections 135, 109, 189(2), 189(4), 190, 191(3), 296 and 351(3) of he Bharatiya Nyaya Sanhita, 2023, on executing PR bond in the sum of Rs.25,000/- with one solvent surety in 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 attend the proceeding before the trial Court without seeking exemption unless there are exceptional circumstances.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) Sarkate