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Bombay High CourtBA/3623/2025disposed off

Anup @ Andya Suresh Pasalkar v. State Of Maharashtra

2026-02-09Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3623 OF 2025 Anup @ Andya Suresh Pasalkar ... Applicant

Versus

The State of Maharashtra ... Respondent ________________________________________________________ by NILAM SANTOSH KAMBLE Date: 2026.02.11 11:50:55 +0530 NILAM SANTOSH KAMBLE Mr.Kuldeep Nikam, for the Applicant.

Ms.S.D. Shinde, APP for Respondent-State.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 9th FEBRUARY 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No. 459 of 2024 registered with Swargate Police Station, Pune, for the offences punishable under Sections 109, 115(2), 352, 324(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short) and Section 7 of Criminal Law Amendment Act.

2.

It is prosecution's case that on 23rd October 2024, the Applicant and co-accused assaulted the first informant with sharp weapon with an intention to kill him. He damaged his autorikshaw.

3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than fifteen months. The Applicant has no antecedents. There is no progress in trial, and requested to allow the Application.

4.

It is contention of learned APP that, the Applicant assaulted the First Informant with sharp weapon on his head with an intention to kill him. There are eye witnesses to the incident and CCTV footage supports the prosecution case. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Application.

5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

The statement of two witnesses and injury certificate shows that First Informant has suffered injuries. Whether the Applicant had intention to kill the First Informant, is part of the trial. The Applicant is behind bars for more than fifteen months. Investigation is completed, charge-sheet is filed. 7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Anup @ Andya Suresh Pasalkar be released on bail in Crime No. 459 of 2024 registered with

Swargate Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)