Sunil Santosh Gophane v. The State Of Maharashtra
Digitally signed by CHITRA SANJAY SONAWANE Date:
2025.07.21 21:11:03 +0530 CHITRA SANJAY SONAWANE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.480 of 2025 Sunil Santosh Gophane Aged 19 years, Occ. Student, Resident of Songaon, Taluka Baramati, District Pune.
... Applicant versus The State of Maharashtra (At the instance of Baramati Police Station, Dist. Pune) ... Respondent ---- Mr Ganesh Bhujbal, a/w. Mr Tushar Nikam and Mr BD Shinde, for the applicant.
Mr Sameer Mangaonkar, APP, for the respondent/ State. API Vikram Pawar, Baramati Taluka Police Station, Pune (Gramin), is present.
---- Coram: R.N. Laddha, J.
Date: 21 July 2025.
P.C.:
By this application, the applicant seeks pre-arrest bail in connection with CR No.501 of 2024, registered at Baramati Police Station, Pune (Rural), for offences punishable under Sections 118(2), 118(1), 352, 351(2), 351(3) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2.
It is the case of the prosecution that on 10 November 2024, at about 9:30 a.m., the applicant along with others formed an unlawful assembly and assaulted the informant with a sickle.
3.
The learned counsel appearing on behalf of the applicant asserts the applicant's innocence and contends that the applicant has been falsely implicated in the present crime with no credible evidence to substantiate the allegations against him. Furthermore, it is an admitted position that the weapons allegedly used in the crime were already recovered from the coaccused who were arrested and subsequently released on bail. The injury sustained by the informant is simple in nature. The investigation has already been concluded and there remains no recovery or discovery to be made from the applicant. In the circumstances, according to the learned Counsel, the custodial interrogation of the applicant is not at all necessary. 4.
The learned APP representing respondent/ State submits that the offence is of a grave and serious nature. The applicant along with the co-accused assaulted the informant with a sickle. However, the learned APP fairly concedes that the investigation in present matter has been concluded, the weapons used in the crime have already been recovered and nothing remains to be
recovered or discovered from the applicant. The prosecution is presently in the process of filing of the charge sheet. 5.
Upon perusing the records, it appears that the applicant has not been implicated in the use of any weapon during the alleged incident. The weapons allegedly used in the crime by the co-accused have already been recovered. The co-accused who alleged to have used the weapons were arrested and subsequently released on bail. The investigation in this matter has already been concluded. Furthermore, the injuries suffered by the informant are simple in nature. The apprehension of the prosecution that the applicant may tamper with the evidence or influence the witnesses can be taken care of by imposing appropriate conditions.
6.
In light of the foregoing, this Court deems it appropriate to allow the application. Accordingly the application is allowed on the following terms.
ORDER
(i) In the event of the applicant's arrest in connection with CR No.501 of 2024, registered at Baramati Police Station, Pune (Rural), he shall be released on bail upon executing a PR Bond of Rs.25,000/- and
furnishing one or more sureties in the like amount.
(ii) The applicant shall attend the concerned police station as and when required by the investigating officer till filing of the charge sheet.
(iii) The applicant, himself or through any other person, shall not indulge in any activities that may tamper with the evidence or influence witnesses.
7.
The application stands disposed of accordingly. (R.N. Laddha, J.)