Dipesh Suhas Bangar v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.475 OF 2025 Dipesh Suhas Bangar .... Appellant V/s.
State of Maharashtra & Anr.
.... Respondents by NILAM SANTOSH KAMBLE Date: 2025.07.11 17:40:02 +0530 NILAM SANTOSH KAMBLE ---- Mr.Shekhar Ingawale, for the Appellant.
Ms.Shilpa K. Gajare, APP, for Respondent No.1-State. Ms.Kanchan Pawar, for Respondent No.2.
Mmr.Raosaheb L. Wagh, PSI, Wasind Police Station. ---- CORAM : SHIVKUMAR DIGE, J.
DATE : 09th JULY 2025 P.C:- .
The Special Court has rejected the Bail Application of the Appellants.
2.
The Appellant is apprehending arrest, in connection with investigation of Crime No.149 of 2022, registered with Vashind Police Station, District-Thane (Rural) for the offences punishable under Sections 392, 324, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code ('IPC' for short) and Sections N.S. Kamble page 1 of 4
3(1)(k)(s)(r) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('SCST' Act). 3.
The case of the prosecution is that, on 5th November 2022, the informant received a telephonic call of his cousin informing that, he is assaulted and abused by the accused Nayan Vekhande and he should immediately reach the spot. Accordingly the informant reached the spot and saw that, Nayan Vekhande and others were assaulting his cousin. The informant and his brother tried to intervene to rescue their cousin, however, the accused threatened them and abused them on the basis of their caste. Accused Devidas Bangar snatched the gold chain from the neck of the informant. The first informant had suffered injuries. The FIR was registered on 9th November 2022. 4.
It is contention of the learned counsel for the Appellant that, except Appellant all other co-accused have been released on Anticipatory bail by this Court, hence, Appellant is entitled for bail on the ground of parity. The learned counsel further submitted that, there is allegations against the Appellant about abuse on caste. The learned counsel further submitted N.S. Kamble page 2 of 4
that, there is no contention in the FIR that, the Appellant had used weapon and requested to allow the Appeal. 5.
It is contention of the learned APP and learned counsel for Respondent No.2 that, the Appellant was part of the group who assaulted the first informant and his brother with weapons. The weapons are yet to be recovered and requested to dismiss the Appeal.
6.
I have heard all learned counsel. Perused FIR and documents produced on record.
7.
The investigation is completed. The charge-sheet has been filed against the Appellant. The other co-accused have been released on bail by this Court. There are no allegations against the Appellant that he was part of the group who assaulted first informant and his brother. There are no specific allegations against the Appellant about abuse on caste. The incident was happened in the year 2022.
8.
Considering these facts, custodial interrogation of the Appellant is not required and I pass following order. N.S. Kamble page 3 of 4
ORDER
(i) The Appeal is allowed.
(ii) In the event of arrest, the AppellantDipesh Suhas Bangar, be released on bail in Crime No.149 of 2022, registered with Shahapur Police Station, District-Thane (Rural), on executing a P.R. Bond in the sum of Rs.30,000/-with one or two sureties in the like amount.
(iii) The Appellant shall attend the concerned Police Station as and when required.
(iv) The Appellant shall not contact/influence or threaten or pressurize the complainant or otherwise tamper with the prosecution evidence/witnesses.
(v) The Appeal is allowed in the aforesaid terms.
(vi) All pending Applications are disposed of.
(SHIVKUMAR DIGE, J.) N.S. Kamble page 4 of 4