Ganesh @ Anna Dinesh Sapale v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3144 OF 2025 Ganesh @ Anna Dinesh Sapale ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH CRIMINAL BAIL APPLICATION NO. 3146 OF 2025 Vaibhav @ Shambhu Prakash Ranshur ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Sachin H. Deokar a/w Mr. Vijendra Badekar, Mr. Ashish Surana, Mr. Aniket Thorat and Mr. Manish Kaswa, learned Advocates for the Applicants.

Ms. Veera Shinde, learned A.P.P. for the State/Respondent. PSI Mr. Kishor Wagaj a/w PC-11987 Mr. Bhosale attached to Yavat Police Station, Pune Rural is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

11th AUGUST 2025.

P.C. :

1.

Heard Mr. Sachin Deokar, learned Advocate for the Applicants and Ms. Veera Shinde, 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 Applicants are before this Court seeking regular bail in connection

with Crime No. 173 of 2025 registered with Yavat Police Station, District-Pune Rural for the offences punishable under Sections 110, 189(2), 191(2), 191(3), 119(1), 118(1), 115(2), 352, 351(2) and 118(2) of the Bharatiya Nyaya Sanhita, 2023 ("BNS" for short). 3.

Mr. Sachin Deokar, learned Advocate for the Applicants submits that the abovesaid crime is presently registered as Regular Criminal Case No. 290 of 2025 and is pending on the file of Additional Sessions Judge, Baramati.

4.

There are 10 accused persons in the present crime. Applicant (Ganesh @ Anna Dinesh Sapale) is Accused No. 4, whereas Applicant (Vaibhav @ Shambhu Prakash Ranshur) is Accused No. 3.

5.

First Information Report was registered on the basis of the complaint lodged by Omkar Gokul Gaikwad (Informant). Case of the prosecution is that Informant saw a instagram post on a common group 'Satya Group'. Upon noticing the said instagram post/story, Informant assuming that the said post was aimed at him, went to the Cafe Shop of Ashok Harishchandra Saple (Dada Saple) (Accused No. 1), from where the instagram post had originated. At the said time, there was a verbal spat. Thereafter there was an altercation, which resulted into a fight. Informant was assaulted by the Applicants, 8 co-accused persons named in the FIR and 5 unknown persons at the said Cafe. Informant sustained injuries on his head, whereas a person accompanying the Informant sustained injuries on his ears.

6.

Applicants were arrested on 11th April 2025, since then they

are in jail. Criminal Bail Application Nos. 538 of 2025 and 545 of 2025 respectively filed by the Applicants, were rejected by the learned Additional Sessions Judge, Baramati by order dated 24th July 2025.

7.

Mr. Sachin Deokar, learned Advocate for the Applicants submits that the offences referred to in Crime No. 173 of 2025 happened at the spur of moment. He submits that the Applicants had no intention to cause any hurt or harm. He submits that it was the Informant, who came to the Cafe wherein the Applicants and co-accused were present and started altercation on the basis of a story posted on the Instagram 'Satya Group'. He submits that the allegations as against Applicant/Accused No. 4 Ganesh Saple in the present crime, are of assaulting the friend of Informant by a koyta on his ear. He submits that the Injury Certificate indicates the injury on the ear of the friend of the Informant, is simple in nature. He submits that the injury caused to the Informant by Applicant/Accused No.

3 Vaihav Ranshur is on the head by the use of an alleged iron rod. He submits that though the Informant was admitted in the hospital, he was immediately discharged from the hospital. He submits that the Applicants are both 21 years of age and both are studying their 3rd year Bachelor of Arts Degree in Yavat. He submits that the Applicants do not have any criminal antecedents. He submits that the investigation is complete and the charge-sheet is filed.

8.

Ms. Veera Shinde, learned A.P.P. for the State/Respondent submits that the offence is a result of an offending story posted by the Applicants and their friends on the Satya Group, which

offended the Informant. She submits that though the Informant had gone to the place, where the accused persons were together that did not give a licence to the accused persons to assault the Informant.

9.

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

10.

Perusal of the charge-sheet reveals that there are no allegations of the act of the Applicants being a premeditated act. Fight amongst the said youngsters occurred in the rage of the moment. Accused Nos. 1, 2 and 5 to 10 in the said crime are released on bail. Weapons used in the said offence, are recovered at the instance of Applicants/Accused Nos. 3 and 4. Applicants are presently pursuing their 3rd year Bachelor of Arts Degree. Applicants are in jail since the month of April 2025. Continuation of the Applicants in jail will have an effect on their career. Investigation is complete and the charge-sheet is filed. Applicants do not have any criminal antecedents. There is no material placed before me to indicate that if the Applicants are released on bail, they would evade trial or jump bail. Hence, the Applicants are entitled to bail.

11.

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

Applicants are directed to be released on bail in connection with Crime No. 173 of 2025 registered with Yavat Police Station, District-Pune Rural for the offences punishable under Sections 110, 189(2), 191(2),

191(3), 119(1), 118(1), 115(2), 352, 351(2) and 118(2) of the BNS on executing P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty-five Thousand Only) each with one or two sureties in the like amount to the satisfaction of the Additional Sessions Judge, Baramati.

b.

Applicants 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.

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

d.

Applicants upon their release, within a period of three days from their release, shall furnish their cell phone numbers and residential addresses with proof to the Investigating Officer, Yavat Police Station, District-Pune Rural and shall keep the same updated, in case of any change thereto.

e.

Applicants shall co-operate in the conduct of the trial of Regular Criminal Case No. 290 of 2025 and shall regularly attend the hearing of the case pending on the file of Additional Sessions Judge, Baramati, on each and every date, unless exempted from appearance. f.

Applicants shall report/attend before the

Investigating Officer, Yavat Police Station, DistrictPune Rural on 1st Saturday of every month from 2.00 p.m. to 4.00 p.m. till conclusion of the trial in the said case.

g.

Applicants shall not contact or attempt to contact the Informant or any of the family member of the Informant or any witness in the present crime. 12.

Criminal Bail Application Nos. 3144 of 2025 and 3146 of 2025 stand disposed of in the abovesaid terms. [ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2025.08.11 21:23:40 +0530