Vikas Kisan Pawar And ANR. v. The State Of Maharashtra, Thr. Pso, Lonar Police Station, Tq. Lonar And Dist. Buldhana
2025:BHC-NAG:8083 1 919.ABA.575-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 575 OF 2025 ( Vikas Kisan Pawar & Anr.
Vs.
State of Maharashtra, Thr. Police Inspector Lonar Police Statition, District Buldhana ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Suvidh Kulkarni, Adv. h/f Mr. V.U. Rathod, Advocate for the Applicants. Mr. M.J. Khan, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 14th AUGUST, 2025 1.
Apprehending the arrest at the hands of Police in connection with Crime No.240/2025 registered with Police Station Lonar, District Buldhana for the offence punishable under Sections 189(2), 190, 191(2), 191(3), 118(1), 115(2), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023, the Applicants approached to this Court for grant of pre arrest bail.
2.
The crime is registered on the basis of the report lodged by the wife of the Injured namely Alka Ravindra Pawar on an allegation that there is a previous dispute between the present Applicants and her family members on account of the agricultural land. As per the allegation on 10.06.2025 the present Applicants alongwith the other co-accused came in front of her house and assaulted her husband by means of fist and kick blows as well as the present Applicant No.1 was holding iron rod and assaulted on
2 919.ABA.575-2025.odt the legs of her husband, due to which he sustained injuries. It is alleged that the Applicant No.2 was holding stick and in the said scuffle her Mangalsutra was broken and scattered at the spot of incident. On the basis of the said report Police have registered the crime against the present Applicants. 3.
Heard learned Counsel for the Applicants who appeared through Video Conferencing.
4.
Heard Learned APP, who submitted that considering the allegations against the present Applicants, no case is made out for grant of anticipatory bail. He further submitted that, there is a specific allegation against the present Applicants.
5.
Per contra, learned Counsel for the Applicants submitted that as far as the Applicants are concerned general allegation is levelled against them, and therefore, their custodial interrogation is not required.
6.
On hearing both the sides and on perusal of the recitals of the FIR and investigation papers, there is specific role attributed against the Applicant No.1 and the injury certificate issued which is on record shows that the injured had sustained fracture injuries due to the said assault. In view of that, the prayer for grant of anticipatory bail of the Applicant No.1 deserves to be rejected, whereas considering the general role attributed against the Applicant No.2, his prayer for grant of anticipatory bail deserves to be allowed. Accordingly, I proceed to pass the following order:
3 919.ABA.575-2025.odt
O R D E R
i.
The Application is partly allowed.
ii.
The prayer of Applicant No.1- Vikas Kisan Pawar for grant of anticipatory bail, is hereby rejected. iii.
In the event of the arrest, the Applicant No.2Vijay Kisan Pawar in connection with Crime No.240/2025 registered with Police Station Lonar, District Buldhana for the offence punishable under Sections 189(2), 190, 191(2), 191(3), 118(1), 115(2), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023, be released on anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one solvent surety in the like amount.
iv.
The Applicant No. 2 shall attend the concerned Police Station once in a week i.e. on every Monday between 10.00 a.m. to 01.00 p.m. and shall cooperate with the Investigating Agency.
v.
The Applicant No.2 shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.
vi.
The Applicant No. 2 shall not enter into the Village Hatta, Tq- Lonar, District Buldhana till culmination of the trial.
4 919.ABA.575-2025.odt vii.
The Applicant No.2 shall attend the proceedings before the Trial Court without seeking any exemption unless there are exceptional circumstances.
The Trial Court shall not be influenced by the observation which are only for the purpose of bail. 7.
Pending application/s, if any, shall stand disposed of accordingly.
(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 16/08/2025 14:26:46