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Bombay High CourtBA/2987/2025disposed off

Anees Thulasi v. The State Of Maharashtra

2025-07-31Hon'Ble Shri Justice Ashwin D. Bhobe4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2987 OF 2025 Mr. Anees Thulasi ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Akshay Deshmukh a/w Mr. Sumit Chaudhary and Ms. Sweta Dave, learned Advocates for the Applicant.

Mr. Amit A. Palkar, learned A.P.P. for the State/Respondent. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

31st JULY 2025.

P.C. :

1.

Heard Mr. Akshay Deshmukh, learned Advocate for the Applicant and Mr. Amit Palkar, learned A.P.P. for the State/Respondent.

2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. 516 of 2024 registered with Dehu Road Police Station, Pimpri-Chinchwad, Pune for the offences punishable under Sections 109(1), 74, 78(2) and 115(2) of the Bharatiya Nyaya Sanhita, 2023 ("BNS" for short).

3.

Mr. Akshay Deshmukh, learned Advocate for the Applicant submits that the abovesaid crime is registered as RCC No. 41 of

2025 and is pending on the file of learned Additional Sessions Judge, Wadgaon, Maval, Pune.

4.

Case of the prosecution is that Mrs. Priya Narendra Asati (Complainant) was assaulted by the Applicant while she was taking her morning walk. Assault on the Complainant was by way grabbing her throat with one hand and hitting her on the face. 5.

Applicant is the sole accused in the present crime. Applicant was arrested on 13th November 2024, since then he is in jail. Criminal Bail Application No. 197 of 2025 filed by the Applicant, was rejected by the learned Additional Sessions Judge, Pune by order dated 9th July 2025.

6.

Mr. Akshay Deshmukh, learned Advocate for the Applicant submits that the material on record does not indicate the involvement of Applicant in the present crime. He submits that even if the allegations against the Applicant in the crime are considered, then also the injuries on the Complainant are simple injuries. He submits that the investigation is complete and as such Applicant is not required in custody. He submits that the Applicant does not have any criminal antecedents.

7.

Mr. Amit Palkar, learned A.P.P. for the State/Respondent the involvement of Applicant is proved. He submits that the Complainant has identified the Applicant in the Test Identification Parade. He submits that the recoveries have been made at the instance of Applicant. He submits that the investigation in the present crime is complete and charge-sheet has been filed.

8.

I have perused the records with the assistance of learned Advocates of the parties.

9.

Material on record does not indicate any motive being attributed to the Applicant for committing the said crime. Injuries caused are simple in nature. Recoveries have been made at the instance of Applicant. Investigation in the present crime is complete and charge-sheet is filed. Applicant does not have any criminal antecedents. Prosecution has not expressed any apprehension of the Applicant fleeing or evading the trial in the event of the Applicant being released on bail, as such further custody of Applicant pending the trial is not warranted. 10.

In view of the above, the present Bail Application is allowed on the following conditions :- a.

Applicant is directed to be released on bail in connection with Crime No. 516 of 2024 registered with Dehu Road Police Station, Pimpri-Chinchwad, Pune for the offences punishable under Sections 109(1), 74, 78(2) and 115(2) of the BNS on 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, Pune. b.

Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of accusation, so as to dissuade him from disclosing such facts to the Court or to any police officer.

c.

Applicant shall not tamper with the prosecution witnesses and evidence in any manner.

d.

Applicant upon his release, within a period of three days from his release, shall furnish his cell phone number and residential address with proof to the Investigating Officer, Dehu Road Police Station, PimpriChinchwad, Pune and shall keep the same updated, in case of any change thereto.

e.

Applicant shall co-operate in the conduct of the trial of RCC No. 41 of 2025 and shall regularly attend the hearing of the case pending on the file of Additional Sessions Judge, Pune, on each and every date, unless exempted from appearance.

11.

Criminal Bail Application No. 2987 of 2025 stands disposed of in the abovesaid terms.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.08.01 10:50:35 +0530 GITALAXMI KRISHNA KOTAWADEKAR