Sayaji Shahaji Sargar And ANR. v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2495 OF 2025

1. Sayaji Shahaji Sargar

2. Shivaji Shahaji Sargar ...Applicants

Versus

The State of Maharashtra

...Respondent

.....

Adv. Mr. Umakant h/f Mr. Milind Deshmukh, Advocate for Applicants. Ms. P.S. Rane, APP for the Respondent-State.

.....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th DECEMBER, 2025 P.C.

1.

The Applicants are apprehending arrest in Crime No.286 of 2025 registered with Vaduj Police Station, Dist. Satara for the offences punishable under Sections 351(3), 351(2), 191(2), 190, 189(1), 352, 115(2), 118(2), 118(1) of the Bhartiya Nyaya Sanhita, 2023 (for Short "BNS").

2.

It is prosecution's case that on 25th October 2025, the applicants and co-accused assaulted the first informant's son along with his friend with wooden rod and iron rod. Due to said assault, the hand of the friend of first informant's son is fractured. The allegations against the applicants are that the applicant No.1 assaulted the friend of the first informant with fist and kick blows. On Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.19 19:07:53 +0530 SAJAKALI LIYAKAT JAMADAR

the statement of eye witnesses, name of the applicant No.2 is involved in this crime.

3.

It is contention of learned counsel for applicants that allegations against the applicant No.1 are that he assaulted the witness Ganesh with fist and kick blows and no name of the applicant No.2 is mentioned in the FIR. Considering the allegations against them, their custodial interrogation is not required and requested to allow the application.

4.

It is contention of learned APP that applicants along with co-accused with common intention brutally assaulted the first informant's son along with his friend. Due to said assault, hand of the friend of first informant's son is fractured. Considering the allegations against the applicant, their custodial interrogation is required. Hence, requested to reject the application. 5.

I have heard both the learned counsels, perused the FIR and documents placed on record. The allegations against the applicant No.1 that he assaulted the witness Ganesh with fist and kick blows. No name of the applicant No.2 is mentioned in the FIR. In investigation, name of the applicant No.2 is added in the present crime. Considering these facts, I pass the following order.

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicants be enlarged on bail in Crime No.286 of 2025 registered with Vaduj Police Station, Dist. Satara, on executing P.R.Bond in the sum of Rs.20,000/- each with one or two sureties in the like amount;

(iii) The applicants shall attend the concerned police station as and when required.

6.

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

7.

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. 8.

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