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Bombay High CourtABA/856/2025allowed

Naresh Shyamrao Shinde v. The State Of Maharashtra

2026-01-29Hon'Ble Shri Justice Madhav J. Jamdar4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.856 OF 2025 Naresh Shyamrao Shinde ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Rohan Hugle, Advocate for Applicant.

Ms. G. D. Mulekar, APP for the State.

API, Police Station, Pune present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

29th January 2026 P.C.:

1.

Heard Mr. Hugle, learned Counsel appearing for the Applicant and Ms. Mulekar, learned APP for the Respondent- State. 2.

A learned Single Judge by order dated 27th March 2025 has granted liberty to the Applicant to implead the First Informant as party - Respondent No.2. Ms. Mulekar, learned APP states that, although, Respondent No.2 has been served, none appears for the Respondent No.2.

3.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking

pre-arrest bail in connection with C.R. No.105 of 2025 registered with Khed Police Station, Pune Rural, for the offences punishable under Sections 115(2), 118(1), 118(2), 189(2), 190, 191(1), 191(2), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

4.

As per the prosecution case, the First Informant has been assaulted by wooden sticks and by iron rods by about 14 accused. 5.

Mr. Hugle, learned counsel appearing for the Applicant submits that a learned Single Judge has granted interim protection by order dated 27th March 2025. He submits that the Applicant is suffering from fracture of proximal shaft of tibia and is not able to make movements. He tenders the report of Om Sai Diagnostic Center dated 19th January, 2026. He further submits that chargesheet is already filed.

6.

On the other hand, Ms. Mulekar, learned APP strongly opposes the Anticipatory Bail Application. She submits that the offences is very serious. She submits out of 14 accused, 5 have been arrested and they have been released on bail. She submits that Anticipatory Bail Application be rejected.

7.

Perusal of the record shows that a learned Single Judge has already granted Interim protection by order dated 27th March 2025. Chargesheet is already filed, thus, investigation is completed. The Applicant is suffering from very serious medical condition. He is suffering from fracture of proximal shaft of tibia and is not able to make movements.

8.

Accordingly in the facts and circumstance the case is made out for grant of Anticipatory Bail. In view thereof, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Naresh Shyamrao Shinde in connection with C.R. No. 105 of 2025 registered with Khed Police Station, Pune Rural, be released on bail on executing P.R. bond of Rs.25,000/- and furnishing one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station as and when called by the Police and shall cooperate with the investigation.

(iii) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(iv) The Applicant 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.

(v) The Applicant shall not leave India without prior permission of the Court.

(vi) The Applicant 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 accordingly.

(MADHAV J. JAMDAR, J.)