Vidhyadhar Ramesh Pokhre v. State Of Goa Rep. By The Police Inspector, Mandrem Police Station

2025:BHC-GOA:972 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION (BAIL) NO. 27 OF 2025 Vidhyadhar Rame Pokhre, S/o Shri. Ramesh Pokhare, 50 years of age, Married, Business, R/o Thorlebag, Keri, Pernem, Goa.

... Applicant V/s.

1. State of Goa, Represented by The Police Inspector, Mandrem Police Station, Mandrem, Goa.

Through

2. The Public Prosecutor, High Court of Bombay at Goa, Porvorim, Goa.

... Respondents Mr. Rohan Desai with Mr. Nikhil Kerkar, Advocates for the Applicant.

Mr. Pravin Faldessai, Additional Public Prosecutor for the Respondents.

CORAM : VALMIKI MENEZES, J. DATED : 19TH JUNE, 2025 ORAL ORDER:

1.

The Applicant has applied for bail in Crime No.

39/2025 registered at Mandrem Police Station. It is the case of the State/Complainant that on 01.04.2025, the complainant, along with some other boys, had gathered outside the house of the Applicant, on the road, after having played a football game. It is the complainant's case that he, along with the victim and other boys were sitting at that place and were chatting when the Applicant aggressively approached them with a wooden log ("Kam") which had a nail driven through it and started abusing them with filthy language and threatened to hit them on the head, if they further continued gathering at the spot. It is further the complainant's case that the wife of the Applicant attempted to calm down the Applicant, but the Applicant continued with his aggressive behaviour, and hit the victim Mr. Bhagyesh Nagoji on his head, causing him serious head injury, after which he was taken to the hospital in an Ambulance.

2.

The F.I.R. was registered on the same day, and the Applicant was arrested on that very night i.e. on 01.04.2025. He was ultimately remanded to Judicial Custody. He applied for bail before the Sessions Court on 28.04.2025, and the same was rejected. The chargesheet came to be filed on 13.06.2025, alleging the offences under Section 109(1), 351(3), 352, 324(4) of B. N. S. 2023.

3.

The matter has now been committed to the Principal District and Sessions Court at Merces, Panaji, fixing appearance of the Applicant on 27.06.2025.

4.

During the course of investigation it is revealed that the Investigating Officer has obtained a Hurt Certificate of the victim, which records that he suffered injuries of two contused lacerated wounds on his head and forearm, both of which are simple in nature and as a result of blunt and hard object. The statements of the witnesses have been recorded and the entire incident having been recorded on the phone of one of the witnesses, the said phone was attached and sent for Forensic examination.

5.

Considering the statements of the witnesses and that of the victim, I have taken into account the fact of the injuries suffered by the victim, which are of simple nature, no purpose would be served at this stage to keep the Applicant in custody. The trial is yet to commence, and it will take some time to complete. The Applicant would therefore be released on bail by imposing certain conditions, so also considering that he resides in the same location where the witnesses reside, by keeping the Applicant away from the said village.

6. Consequently, I pass the following order:

(a) The Applicant shall be released on bail in Crime No. 39/2025 registered at Mandrem Police Station on executing a Bail Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount, to be executed before the Principal District and Sessions Court, North Goa at Merces, Panaji where the chargesheet is presently filed/pending trial. (b) For a period commencing from 23.06.2025, the Applicant shall report once a week on every Monday between 10.00 am to 1.00 p.m. at Mandrem Police Station. This would continue for a period of two months to ensure that there is no untoward incident or interference with any of the witnesses.

(c) The Applicant shall not enter the village of Mandrem until the disposal of the Sessions Case in Crime No. 39/2025 bearing chargesheet No. 52/2025. (d) The Applicant shall communicate to the Investigating officer and to the Principal District and Sessions Court, North Goa at Merces, Panaji, the details of the address where he would reside outside of village Mandrem. He shall also furnish a copy of his Aadhaar Card and Election Card to the Investigation Officer and to the Sessions Court along with his phone number,

which he shall keep in working condition at all times until the trial is complete.

(e) The Applicant shall not interfere with any of the witnesses or attempt to contact them by himself or through any of his or tamper with the evidence. (f) The Applicant shall not travel outside the State of Goa without permission of the Sessions Court. (g) The Applicant shall attend the Trial Court on every date of hearing unless exempted by the Trial Court. 7.

The application stands disposed of in the above terms. 8.

All concerned to act on an authenticated copy of this order.

VALMIKI MENEZES, J.