Sarun Kurban Mansuri v. State Of Maharashtra Thr Pso., Ps Ranapratap Nagar, Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1385 OF 2025 Ashok Harishchandra Sapale ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Ranjeet M. Pawar, Advocate for the Applicant. Mrs. Veera Shinde, A.P.P. for the Respondent - State. Mr. M. B. Jagdale (PSI), Yavat Police Station, Pune Rural, present.

....

CORAM

:

N. R. BORKAR, J.

DATE :

17th APRIL, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.173 of 2025 registered at Yavat Police Station, Taluka Daund, District : Pune, for the offences punishable under Sections 110, 189(2), 191(2), 191(3), 191(1), 118(1), 115(2), 352 and 351(2) of the Bhartiya Nyaya Sanhita (for short 'B.N.S.'). 3.

According to the prosecution, on the date of incident which took place on 19.02.2025, a dispute arose between the

complainant on one side and the co-accused Dada Sapale on otherside on account of one of the messages posted by the co-accused Dada Saple on Instagram. It is alleged that during the said dispute, the present applicant and other accused assaulted the complainant and his friend Dhiraj Mali by Koyta, Iron rod etc. and attempted to commit their murder. 4.

I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.

5.

The learned counsel for the applicant submits that the applicant has nothing to do with the alleged dispute between the complainant and the co-accused Dada Sapale. It is submitted that the alleged assault by Koyta, Iron rod etc. is attributed to the co-accused. It is submitted that further detention of the applicant is not warranted, as the investigation is over. It is submitted that the applicant is in jail for about two months and there are no other criminal antecedents against him.

6.

On the other hand, the learned A.P.P. for the Respondent-State submits that the applicant was the part of unlawful assembly. It is submitted that considering the nature

of offence, the applicant may not be released on bail. 7.

The motive for alleged crime is not attributed to the present applicant. The applicant was not armed with any weapon. There are no other criminal antecedents against the applicant. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.173 of 2025 registered at Yavat Police Station, Taluka Daund, District : Pune, for the offences punishable under Sections 110, 189(2), 191(2), 191(3), 191(1), 118(1), 115(2), 352 and 351(2) of the Bhartiya Nyaya Sanhita (for short 'B.N.S.') on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) The applicant shall not tamper with the prosecution evidence;

(iv) Application stands disposed of accordingly.

(N. R. BORKAR, J.)