Shubham Ashok Thombre v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1325 OF 2025 Shubham Ashok Thombre
Versus
The State of Maharashtra & Anr.
------------------------- Mr. R. G. Narwade h/f Mr. Shashikant Shekade for the Applicant. Mr. K. K. Naik, APP for the State.
------------------------- CORAM :
ADVAIT M. SETHNA, J.
DATE :
31 JULY 2025 P. C.:
1.
The matter is listed for the first time today. 2.
Issue Notice to the Respondents. Mr. Naik, learned APP waives service for the State.
3.
Heard learned Advocates for the parties.
4.
This is an Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as the Applicant in the present proceedings apprehends arrest.
5.
These proceedings arise out of CR No.0373 of 2025. The FIR is lodged on 4 May 2025 at 18:13 hours by the MIDC Latur Police Station, Latur. The date of occurrence of the alleged incident as stated in the FIR is 3 May 2025. The FIR has been registered under Sections 117(2), 118(1), 118(2), 189(2), 190, 191(2), 193(3), 333, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 ("BNS"). The informant is one Shubham Girish Ghodke, age 28 years.
6.
With the assistance of learned Advocates for the parties, I have perused the FIR and record available with the Court. Briefly from the FIR, it appears that the informant alleged that on 3 May 2025 at 7 p.m. to 7:30 p.m. he, along with his family members was at his house. At that time, the present Applicant, his parents and his sister came to the informant's house in a Scorpio. They started to abuse him and his family members. It is alleged that the co-accused assaulted the informant by stone due to which he sustained injury on his teeth. He alleged that the Applicant assaulted him by fist kick and blows. After the incident, in such circumstances, the complaint was lodged and the FIR was registered.
7.
A bare perusal of the FIR would indicate that this is an incident relating to a quarrel between the persons named in the FIR, which took the form of an assault. As far as the present Applicant is concerned, his role is ascribed to allegedly assaulting the informant by stick and by kicks and blows. Apart from this, there is no other specific role is attributed to the Applicant. The allegations appear to be in general and omnibus in nature qua the present Applicant. Mr. Naik would submit that as this Application is coming for the first time, he would need instructions. However, he would also state that recovery is to be effected. The Advocate for the Applicant ensures complete co-operation of the Applicant with the investigating agency in this regard.
8.
In this context, it may be noted that there is no apprehension
with regard to securing the presence of the Applicant as also that he would not attempt to flee from justice and/or tamper with the evidence. In such situation, following conditions would take care of the apprehensions of the prosecution:-
ORDER
(i) Until the adjourned date of hearing, in the event of arrest of the Applicant in connection with CR No.0373 of 2025 registered with MIDC Latur Police Station, Latur for the offences punishable under Sections 117(2), 118(1), 118(2), 189(2), 190, 191(2), 193(3), 333, 351(2) and 352 of the BNS, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.20,000 (Rupees Twenty Thousand Only) with one or more sureties in the like amount. (ii) The Applicant shall cooperate with the investigation and shall attend the concerned police station on every Monday at 11:30 a.m. until further orders.
(iii) The Applicant shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately intimated to the concerned police station.
(iv) The Applicant shall not leave the jurisdiction of the Court
without prior permission/order of the Court, until the further orders.
(v) The Applicant shall not influence the witness/es and/or tamper evidence in any manner whatsoever.
9.
List the proceedings for further consideration on 21 August 2025.
10.
The protection granted to the Applicant shall continue until the adjourned date of hearing.
[ADVAIT M. SETHNA, J.]