Rajendra Shivaji Patil And ORS v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 481 OF 2025 Shivaji Gorakh Patil And Anr ...Applicants
Versus
State Of Maharashtra
...Respondent
WITH ANTICIPATORY BAIL APPLICATION NO. 482 OF 2025 Rajendra Shivaji Patil And Ors ...Applicants
Versus
State Of Maharashtra
...Respondent
____________________________________ Adv. Viresh V. Purwant & Adv. Suraj V. Gadkari, Advocate for the Applicants.
Ms. Supriya Kak, APP for the State in ABA/481/2025. Mr. Anand S. Shalgaonkar, APP for the State in ABA/482/2025. Mr. Mithilesh Mishra, Advocate for Intervenor in Both ABAs. Ms. Swati Nitinkumar Survase, PSI Tembhurni Police Station (Solapur Rural) present.
____________________________________
CORAM
: RAJESH S. PATIL, J.
DATED : 27 FEBRUARY 2025 P.C.:
1.
The Applicant is seeking anticipatory bail in connection with C.R.No.0767 of 2024, registered at Tembhurni Police Station, Solapur (Rural) on 20 December 2024 for the offences under Sections 118 (2),
119 (1), 115 (2), 287, 324 (4) 352, 351 (3), 189 (2), 191 (2), 191 (3), 190 and 135 of the Bharatiya Nyaya Sanhita, 2023. 2.
The learned Advocate for the applicant submits that the Applicant No.1 is 73 years of age and has no antecedents. As far as the role of the present Applicant is concerned, in the F.I.R. does not mention that he was carrying any kind of weapon during the incident. 3.
The learned APP and the learned Advocate appearing on behalf of the Informant submit that, as far as Applicant No. 1 is concerned, they do not have any objection if the Anticipatory Bail Application of Applicant No. 1 is allowed, subject to he being put to certain conditions. 4.
Hence as far as the Applicant No.1 is concerned, prima facie case is made out by the Applicant to grant anticipatory Bail on the following condition:-
ORDER
(a) The Anticipatory Bail Application is allowed to the Shivaji Gorakh Patil Applicant No.1 in the Anticipatory Bail Application No.481. (b) In the event of arrest of the Applicant C.R.No.0767 of 2024, registered at Tembhurni Police Station, Solapur (Rural) on 20 December 2024 for the offences under Sections 118 (2), 119 (1), 115 (2), 287, 324 (4) 352, 351 (3), 189 (2), 191 (2), 191 (3), 190 and 135 of the Bharatiya Nyaya Sanhita, 2023., the Applicant shall be released on bail
furnishing P.R. bond to the extent of Rs.20,000/- with one or more sureties of the like amount.
(c) The Applicant shall co-operate with the investigation and attend the investigating officer of the concerned police station on 4 March 2025 and 5 March 2025 between 11:00 a.m. to 1:00 p.m., as and when called.
(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to victim and to any person acquainted with facts of case so as to dissuade him/her from disclosing the facts to Court or any Police Officer and should not tamper with evidence. (f) The Applicant and his surety shall provide their respective mobile numbers, e-mail address and documents pertaining to the place of residence to the Investigating Officer.
5.
In view of the above, the present Anticipatory Bail Application is disposed of as allowed.
6.
As regards Applicant No. 2 in Anticipatory Bail Application No. 481 of 2025 and all the Applicants in Anticipatory Bail Application No. 482 of 2025, the counsel for the Applicants are directed to furnish a typed copy of both the First Information Reports, which shall primarily include the complaint portion of the F.I.R. Additionally, the learned APP shall furnish the medical certificates of the persons injured in the
alleged incident.
7.
Stand over to 5 March 2025 under the caption "For Urgent Circulation".
(RAJESH S. PATIL, J.)