Vaibhav Balshiram Kale And ORS. v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.583 OF 2025

1. Vaibhav Balkrishna Kale

2. Omkar Ramnath Popalghat

3. Sunny Ravindra Pawale ...Applicants

Versus

State of Maharashtra

...Respondent

Mr. Shailesh Kharat a/w, Mr. Vishwajeet Nimbalkar, Ashvet Bhoir and Onkar Chaudhari Advocate for Applicants.

Mr. S.A. Karmakar, APP for the State.

ASI, Balkrushna B. Sabale, Khed Police Station, Pune present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

21st November 2025 P.C.:

1.

Heard Mr. Kharat, learned Counsel appearing for the Applicants and Mr. Karmakar, learned APP for the State. 2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicants (i.e. Accused Nos. 3, 4 and 5) are seeking pre-arrest bail in connection with C.R. No.56 of 2025 registered with Khed Police Station, Pune Rural, for the offences punishable under Sections 118(2), 126(2), 189(2), 191(2), 191(3), 190, 324(4), 324(5) of the Bharatiya

Nyaya Sanhita, 2023 ("BNS") and Sections 4, 25 and 27 of Indian Arms Act, 1959.

3.

As per the prosecution case, six named Accused and 3 or 4 unknown persons assaulted the First Informant by sickle, iron rod and wooden sticks.

4.

It is the submission of Mr. Kharat, learned Counsel for the Applicants that the only role attributed to the present Applicants i.e. Accused Nos. 3, 4 and 5 are that they were present on the spot i.e. when the incident in question took place. He submits that the Applicants will co-operate with investigation. 5.

On the other hand, Mr. Karmakar, learned APP strongly opposes the Anticipatory Bail Application. He submits that the Applicants are involved in the crime and were present on the spot, when the incident took place. He submits that one injury is grievous.

6.

Mr. Karmakar, learned APP submits that as far as Applicant No.3 - Sunny Ravindra Pawale (Accused No.5) is concerned, there is one antecedent and the same is not disclosed in the application.

In view of said contention raised by the learned APP, Mr. Kharat, learned Counsel for the Applicants seeks withdrawal of the Anticipatory Bail Application as far as Applicant No.3 - Sunny Ravindra Pawale (Accused No.5) is concerned with liberty to file fresh Anticipatory Bail Application by disclosing the antecedents. 7.

As far as Applicant Nos. 1 and 2 (i.e. Accused Nos. 3 and 4) are concerned, although their names are mentioned in the F.I.R., the only role attributed to them is that they were merely present on the spot with co-Accused. The Applicants were not carrying any weapon even nor wooden sticks. The Applicant Nos.1 and 2 have no antecedents. The Applicants have undertaken to co-operate with the investigation. Accordingly, by imposing conditions, case is made out for grant of Anticipatory Bail to Applicant Nos. 1 and 2. 8.

Hence, following Order is passed:

O R D E R

(i) The Anticipatory Bail Application of Applicant No. 3Sunny Ravindra Pawale (i.e. Accused No.5) is allowed to be withdrawn with liberty to file fresh Anticipatory

Bail Application by giving particulars of all antecedents.

(ii) In the event of arrest, the Applicant No.1- Vaibhav Balkrishna Kale and Applicant No. 2- Omkar Ramnath Popalghat be released on bail in C.R. No.56 of 2025 registered with Khed Police Station, Pune Rural, on executing P.R. bonds of Rs.25,000/- each and furnishing one or two sureties in the like amount. (iii) The Applicant Nos. 1 and 2 shall attend the concerned Police Station on 27th November 2025 and 28th November 2025 between 11.00 a.m. to 2.00 p.m. and thereafter once in 15 days i.e. on 1st and 3rd Sunday of month between 11.00 a.m. to 2.00 p.m. and shall cooperate with the investigation. (iv) The Applicant Nos.1 and 2 shall furnish their cell phone numbers and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(v) The Applicant Nos.1 and 2 shall not directly or indirectly make any inducement, threat, or promise to

any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(vi) The Applicant Nos. 1 and 2 shall not leave India without prior permission of the Court.

(vii) The Applicant Nos. 1 and 2 shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner.

9.

The Anticipatory Bail Application is allowed and disposed of as far as Applicant Nos. 1 and 2 are concerned. 10.

As far as Applicant No.3- Sunny Pawale, the Anticipatory Bail Application is allowed to be withdrawn and disposed of with liberty to file fresh Anticipatory Bail Application. BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.11.24 18:22:02 +0530