Akash Kailash Chavan v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL ANTICIPATORY BAIL APPLICATION NO.620 OF 2025 by VASANT ANANDRAO IDHOL Date: 2025.09.30 21:49:57 +0530 Akash Kailash Chavan ...Applicant V/s.

State of Maharashtra & Ors.

...Respondents

Mr.Akshay Dingle i/b Mr.Vivek N. Arote for the Applicant. Ms.Gauri S. Rao, APP for the Respondent - State. Mr.Kiran Narwade, PSI, Chandannagar Police Station, Pune present. CORAM :

SANDESH D. PATIL, J.

DATE : 29TH SEPTEMBER, 2025 P.C. :- 1.

The present Anticipatory Bail Application is filed by the Applicant, in anticipation of his arrest in connection with FIR dated 30th December, 2024 registered with Chandannagar Police Station, Pune for the offences punishable under Sections 115(2), 117(2), 118(2), 3 (5), 351(2) and 352 of The Bhartiya Nyaya Sanhita, 2023. 2.

The allegations in the FIR are that the co-accused Sunil Mane abused the first informant on the count of six months old fight 1/4

and assaulted him with hockey stick on his head and his right hand. The present Applicant Aakash Chavan was present with co-accused Sunil Mane. The case of first informant is that the Applicant assaulted the first informant with Gas Pipe on his chest and hand. There were other unknown persons, who also assaulted the first informant by fist blows. The FIR was registered on 30th December, 2024. 3.

The present matter appeared before this Court (Coram : Rajesh S. Patil,J.) on 5th March, 2025. This Court was pleased to protect the Applicant and had imposed certain conditions viz. attending the office of the concerned Investigating Officer in order to record the statement for investigation. Thereafter, again by an order dated 19th March, 2025 the Applicant was directed to attend the office of the Investigating Officer on 24th March, 2025 and and 25th March, 2025. The Applicant was protected by an interim order by this Court. 4.

Today, learned APP on instructions informs the Court that the alleged Gas Pipe is recovered from the Applicant and nothing else is to be recovered. She in her usual fairness also submits that the Accused / Applicant is co-operating with the investigation and that custodial interrogation is not required.

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I have gone through the contents of the FIR. The alleged incident occurred on 29th December, 2024. The first informant has come up with the case that the Applicant had assaulted him by Gas Pipe. Accused No.1 had assaulted the first informant with hockey stick. The injuries caused to the chest and on hand which are alleged to be caused by Gas Pipe, which was used by the Applicant are simple in nature. As such there is no point in subjecting the Applicant to custodial interrogation.

6.

The Applicant undertakes to co-operate with the investigation and also undertakes to attend the concerned Police Station as and when called for. In my opinion, the custodial interrogation of the Accused is not necessary and hence the Application is allowed on the following terms :- a).

In the event of the Applicant being arrested in connection with FIR dated 30th December, 2024 registered with Chandannagar Police Station, Pune for the offences punishable under Sections 115(2), 117(2), 118(2), 3 (5), 351(2) and 352 of The Bhartiya Nyaya Sanhita, 2023, the Applicant be released on bail with P.R. Bond of Rs.25,000/- with one or two sureties of like amount.

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b).

The Applicant shall attend the concerned Police Station once on every Sunday at 10:00 a.m. to 1:00 p.m. till the charge-sheet is filed.

c).

The Applicant shall not tamper, influence the witness in any manner and shall co-operate with the Investigating Officer.

7.

The Anticipatory Bail Application is accordingly disposed off.

(SANDESH D. PATIL, J.) 4/4