Yash Vijay Bendale v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.806 OF 2025 YASH VIJAY BENDALE ...APPLICANT VS THE STATE OF MAHARASHTRA AND ANR ...RESPONDENTS ____________________________________ Adv. Shailendra Pendse i/b. Adv. C. S. Lamba & Adv. Md. Shamsher Ali, Advocate for the Applicant.

Digitally signed by AMOL DILIPRAO NAWALE Date:

2025.04.09 11:03:37 +0530 AMOL DILIPRAO NAWALE Ms. Rutuja A. Ambekar, APP for the State.

Mr. Santosh More, Advocate for Respondent No.2. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 8 APRIL 2025 P.C.:

1.

The present Application is filed by the Applicants under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [corresponding Section 438 of Cr.P.C], for anticipatory bail in connection with C.R. No. 0043 of 2025, dated 21 January 2025, registered with N.R.I. Sagari Police Station, District Navi Mumbai, under Sections 352 and 118 (2) of the Bharatiya Nyaya Sanhita, 2023.

2.

The Applicant as well as Respondent No.2 have entered into consent terms dated 8 April 2025. The consent terms signed by these parties is taken on record and marked "X" for identification. Mr. Shailendra Pendse and Santosh More, the learned Advocate for

parties state that their clients have signed in their presence and they identify their signatures. Both state that they have explained to the signatories and the signatories have signed the consent terms after understanding the contents. For ease of reference the consent terms are scanned and reproduced herein below :-

3.

All statements made in consent terms are accepted as undertaking made to this Court. All undertakings / Statements are also accepted.

4.

In view of the statements made by the learned advocates for both sides, and considering that both parties reside in Navi Mumbai and have agreed to bury their differences, the learned advocate for respondent no.2-complainant has submitted that he has no objection to the grant of the present anticipatory bail application. Both parties have also agreed to proceed with the quashing of the complaint. In my view, taking into consideration that the applicant is a student and has no criminal antecedents, the request for anticipatory bail is allowed."

ORDER

(a) The anticipatory bail application is allowed (b) In the event of arrest of the Applicant C.R. No. 0043 of 2025, dated 21 January 2025, registered with N.R.I. Sagari Police Station, District Navi Mumbai, under Sections 352 and 118 (2) of the Bharatiya Nyaya Sanhita, 2023.. The Applicant shall be released on bail furnishing P.R. bond to the extent of Rs.30,000/- 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 16 April 2025 and 17 April 2025 between 11.00 a.m to 1.00 p.m., and thereafter, as and when called upon to do so.

(d) The Applicant would donate an amount of Rs.25,000/- to the High Court Employees Medical Welfare Fund at Mumbai, the details of which are as under :- Account Name :

The High Court Employees Medical Welfare Fund at Mumbai A/c. NO.

:

000120110001337 Bank :

Bank of India Branch :

Main Branch, Fort, Mumbai IFSC Code :

BKID0000001 The said amount would be deposited within a period of three weeks from today.

(e) 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 shall furnish his contact number and residential

address to the investigating officer and shall keep him updated, in case there is any change.

(g) The Applicant and his surety shall provide their respective mobile numbers, e-mail address and documents pertaining to the place of residence.

5.

Needless to say, violation of any of the aforesaid conditions would make the applicant liable to face proceedings for cancellation of anticipatory bail. It is also clarified that the observations made in this order are limited to the question of grant of anticipatory bail to the applicant in the present application and that the trial Court shall proceed further, without being influenced by the observations made in this order.

6.

In view of the above, the present Anticipatory Bail Application is disposed of.

(RAJESH S. PATIL, J.)