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Bombay High CourtABA/2297/2025allowed

Anil Vikas Orase v. The State Of Maharashtra

2025-11-18Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2297 OF 2025

1. Anil Vikas Orase

2. Yogesh Vilas Orase

3. Deepak Tarachand Dhotre ...Applicants

Versus

The State of Maharashtra & Anr.

...Respondents

.....

Mr. Ranjit Patil a/w Mr. Dhavalsinh Patil i/b Mr. Prashant Hagare for Applicant.

Ms. P.S. Rane, APP for the Respondent-State.

.....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th NOVEMBER, 2025 P.C.

1.

Heard learned counsel for applicants and learned APP for the Respondent-State.

2.

Learned counsel for the applicants on instructions submits that he is not pressing the application for applicant Nos.1 and 2. Considering his submission, relief sought against applicant Nos.1 and 2 is rejected.

3.

The Applicant No.3 is apprehending arrest in Crime No.517 of 2025 registered with Akluj Police Station, Dist. Solapur (Rural) for the offences punishable under Sections 118(2), 118(1), 115(2), Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.11.19 20:14:47 +0530 SAJAKALI LIYAKAT JAMADAR

189(2), 190, 191(2), 351(2), 351(3) & 352 of the Bhartiya Nyaya Sanhita, 2023.

4.

It is prosecution's case that on 19th July, 2025 at about 6:00 p.m., the applicants and co-accused assaulted the first informant with wooden stick, bricks, stone and sickle. Due to said assault, the sisterin-law of the first informant has sustained fracture injuries to her nose.

5.

It is contention of learned counsel for applicant No.3 that while on bail, the applicant has cooperated in investigation. Investigation is almost completed. The allegations against the applicant No.3 are that he has assaulted with fist and kick blows to the first informant. There are no allegations of assault against the applicant No.3 by sickle or any other weapon. Hence, requested to allow the application.

6.

It is contention of learned APP that the applicants and coaccused assaulted the first informant and his family members with sickle, bricks and fist and kick blows. Due to said assault, the sisterin-law of the first informant has seriously injured and other family members have also suffered injuries. Considering the allegations against the applicant No.3, his custodial interrogation is required and requested to reject the application.

7.

I have heard both the learned counsels, perused the FIR and documents placed on record. The allegations against the applicant No.3 are that he assaulted the first informant and sister-in-law with stick and fist and kick blows. The injury certificate of Jyoti shows that she has not suffered injury on her head and back and first informant has also not received injury on his left leg. Considering these facts, custodial interrogation of the applicant No.3 is not required. Hence, I pass the following order.

ORDER

(i) Application is partly allowed;

(ii) In the event of arrest, the applicant No.3 - Deepak Tarachand Dhotre be enlarged on bail in Crime No.517 of 2025 registered with Akluj Police Station, Dist. Solapur (Rural), on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

(iii) The applicant No.3 shall attend the concerned police station as and when required.

8.

The application is partly allowed in the aforesaid terms and is accordingly disposed off.

9.

It is made clear that the above observations are made only for the purpose of granting anticipatory bail and the Trial Court shall

decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 10.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)