Pravin Vijay Bhapkar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2771 OF 2025 Pravin Vijay Bhapkar ... Applicant.

Vs.

The State of Maharashtra ... Respondent.

**** Mr. Rajeet M. Pawar, Advocate for the Applicant. Mr. V. N. Sagare, APP for Respondent/State.

**** CORAM :

ASHWIN D. BHOBE, J.

DATE :

16th JULY, 2025.

P.C. :

1.

Heard Mr. Rajeet Pawar, learned Advocate for the Applicant and Mr. V. N. Sagare, learned APP for the Respondent-State. 2.

Mr. Rajeet Pawar craves leave to correct the description of the FIR in Paragraph No. 1 of the Application. Not objected to by the learned APP. Leave granted. Amendment to be carried out forthwith. 3.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is seeking regular bail in Crime No. 0231 of 2025 registered with Baramati Taluka Police Station, Pune for the offences punishable under Sections 308(4), 118(2), 189(2), 189(4), 190, 191(3), 191(2), 351(2), 351(3), 352, 113(2), 120(2) the Bharatiya Nyaya Sanhita, 2023.

4.

FIR was registered on the complaint lodged by Rushikesh Jagtap i.e. brother of the victim. Case of the prosecution is that Rohit Jagtap (victim) was assaulted by Sahil Londhe and Akshay Babar on 14th June 2025 with hockey stick. Rohit Jagtap sustained injuries in the said assault.

5.

There are 4 Accused in the present crime, the Applicant is Accused No. 4.

6.

Applicant was arrested on 18th June, 2025. Criminal Bail Application No. 528 of 2025 filed by the Applicant was rejected by the learned Additional Sessions Judge Baramati, Pune on 4th July, 2025. 7.

Mr. Rajeet Pawar, learned Advocate for the Applicant submits that the Applicant though is referred to in the FIR, there is neither any allegation nor any material to indicate the presence of Applicant on the date of the incident i.e. 14th June, 2025. He submits that there are no allegations of the Applicant having assaulted Rohit Jagtap. He submits that the Applicant has been falsely indicated in the present crime. 8.

Mr. V. N. Sagare, learned APP for the State, submits that the Applicant is named in the FIR. He submits that prior to the incident of 14th June, 2025 Accused No.1 had made a demand of money from the father of the victim to permit then to participate in the wrestling competition. At the time of making the demand, the Applicant was accompanying the Accused No.1. He submits that the Applicant is required in custody as some of the Accused are still absconding.

9.

I have perused the records placed before me with the assistance of learned Advocates of the parties. 10.

FIR does not indicate the Applicant being present at the scene of offence, on 14th June, 2025, when the victim is alleged to have been assaulted. Similarly, there are no allegations against the Applicant of having assaulted the victim. Prima facie, the material on record is not compelling to deny the Bail to the Applicant. 11.

Mr. V. N. Sagare, learned APP was unable to point out any material on record to indicate the Applicant having assaulted the victim on 14th June, 2025.

12.

In view of the above, the Application is allowed on the following terms :

(a) Applicant is directed to be released on bail in connection with Crime No. 231 of 2025 registered with Baramati Taluka Police Station, Pune. under Sections 308(4), 118(2), 189(2), 189(4), 190, 191(3), 191(2), 351(2), 351(3), 352, 113(2), 120(2) the Bharatiya Nyaya Sanhita, 2023, upon Applicant executing P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty-five Thousand Only) with one or two sureties in the like amount to the satisfaction of the Additional Sessions Judge, Baramati.

(b) Applicant shall report to the Investigation Officer Baramati Police Station District, Pune on the 5th and 20th of every month between 10.00a.m. to 12.00 p.m.

(c) Applicant shall appear before the Trial Court as an when summoned by the concerned Court.

(d) Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. Applicant shall not tamper with evidence.

(e) Applicant upon release, within a period of 3 days from his release, shall furnish his residential address with proof and contact details to the Investigating Officer, Baramati Police Station, District Pune.

15.

Criminal Bail Application No. 2771 of 2025 is disposed of. (ASHWIN D. BHOBE, J.) by GAYATRI RAJENDRA SHIMPI Date: 2025.07.16 21:01:11 +0530 GAYATRI RAJENDRA SHIMPI