Pradeep S/O Purandas Uike v. The State Of Maharashtra Thr Pso Ps Dhantoli Dist Nagpur

2025:BHC-NAG:8390

(1) 936.ba.876.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.876 OF 2025 Pradeep s/o Purandas Uike Vs.

State of Maharashtra, through Police Station Officer, Police Station, Dhantoli, District Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. C. R. Thakur, Counsel for the applicant.

Mr. Anant Ghogre, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 22/08/2025 1.

The applicant came to be arrested on 19.04.2025 in connection with Crime No.170/2025 registered with Police Station Dhantoli, District Nagpur for the offence punishable under Sections 109(1), 118(1), 115(2), 352, 281 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 4 and 25 of the Arms Act and under 135 of the Maharashtra Police Act.

2.

The crime is registered on the basis of report lodged by the informant namely, Walmik Sukhram Wahare, on an allegation that on 15.04.2025, there was a religious ceremony on account of the marriage at the house of Mansi Sahare. At that time, one person came in a car in an excessive speed by taking his car in reverse manner,

(2) 936.ba.876.2025 on account of that, there was exchange of words between him and the said car driver, on that the said car driver has taken out one knife and assaulted Shankar Vayere i.e. the brother-in-law of the informant. Due to which, he has sustained the injuries. On the basis of the said report, police have registered the crime.

3.

Heard learned Counsel for the applicant, who submitted that the investigation is already completed. The injured has sustained the injury which is simple in nature and he is already discharged from the hospital. Now there is no apprehension of death and the trial will require its own time for its final disposal, the applicant cannot be kept behind bar for indefinite period. In view of that, he prays for releasing the applicant on bail. 4.

Learned APP strongly opposed the said application on the ground that the applicant was with a preparation having the knife in his car itself shows his intention. If he released on bail, he would again involve in similar type of the offences, as five crimes were registered against the present applicant previously. In view of that, the application deserves to be rejected.

5.

On hearing both sides and on perusal of the investigation papers, it reveals that due to the sudden quarrel, the alleged incident has taken place.

(3) 936.ba.876.2025 As far as the injury sustained by the injured is concerned, which is simple in nature, the further incarceration of the present applicant is not required, as now there is no apprehension of death to the injured. He is already discharged from the hospital. The investigation is also completed and charge-sheet is also filed. Mere criminal antecedents are not sufficient to reject the application as the merits of the present matter is require to be considered. 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 Pradeep s/o Purandas Uike shall be released on bail, in connection with Crime No.170/2025 registered with Police Station Dhantoli, District Nagpur for the offence punishable under Sections 109(1), 118(1), 115(2), 352, 281 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 4 and 25 of the Arms Act and under Section 135 of the Maharashtra Police Act, on executing PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant shall attend the proceeding before the trial Court without seeking any exemption unless there are exceptional circumstances.

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

(4) 936.ba.876.2025 The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate