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Bombay High CourtABA/936/2025rejected

Pritesh Gajanan Burle v. The State Of Maharashtra Thr Pso Ps Bramhapuri Dist Chandraur

2025-12-30Hon'Ble Shri Justice M. W. Chandwani4 pages

2025:BHC-AS:19772 Diksha Rane 21 ABA 936-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 936/2025 SALIM RAJJAK MUNDHE AND ORS ..APPLICANTS VS.

STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. S.M.M. Owais T. Jahagirdar a/w. Adv. Vahio Shaikh for the applicants.

Ms. Supriya Kak, APP for the State.

Adv. B. A. Lawate for original complainant.

HC A. S. Lawate, Malegaon Police Station, Pune Rural. ------------ CORAM : RAJESH S. PATIL, J.

DATE : APRIL 29, 2025.

P.C. :

1.

This application is filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for seeking pre-arrest bail in connection with the First Information Report (FIR) No. 51/2025 registered with the Malegaon Police Station, for the offence punishable under Sections 352, 351(3), 351(2), 191 (3), 191(2), 190, 189(2), 119(1), 118(1), 115(2) of the Bhartiya Nyaya Sanhita, 2023.

2.

The learned APP has produced the medical certificate dated

Diksha Rane 21 ABA 936-2025.doc 15/3/2025 of the Pawar Hospital. The said certificate mentions that the complainant has received injuries on her forearm due to an assault. The x-ray of the forearm was done, and it seems to be normal. The learned APP further submits that she is not pressing for custody of the present applicants.

3.

The learned counsel Mr. Lawate submits that he is appearing for the original complainant. He seeks short accommodation to file vakalatnama.

4.

The applicants and the accused are related to the complainant. There are no criminal antecedents reported against the applicants. The applicants in Anticipatory Bail Application No.1127/2025 has filed an FIR against the husband and the family members of the complainant. That FIR is still under investigation. 5.

Considering the fact that there are no criminal antecedents reported against the present applicants and the applicants and the complainant being related to each other, the medical certificate produced by the learned APP shows that there is injury on the forearm of the complainant, which is simple in nature, I am convinced that as of today the custody of the present applicants would not be necessary. Hence, the following order.

Diksha Rane 21 ABA 936-2025.doc

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with FIR No. 51/2025 registered with the Malegaon Police Station, the applicants shall be released on bail, on furnishing P.R. bonds to the extent of Rs.30,000/- each with one or two sureties each of the like amount. (c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence. (d) The applicants shall furnish details of their residential addresses, contact numbers and email addresses to the Investigating Officer.

(e) The applicants shall attend the concerned police station and meet the IO in every week on Monday's between 11.00 a.m. to 1.00 p.m. till the filing of the charge-sheet.

6.

Needless to say that violation of any of the aforesaid conditions would make the applicants liable to face proceedings for cancellation of this anticipatory bail. It is also clarified that the observations made in this order are limited to the question of grant of anticipatory bail

Diksha Rane 21 ABA 936-2025.doc to the applicants in the present application and that the trial Court shall proceed further, without being influenced by the observations made in this order.

7.

The anticipatory bail application is disposed of. (RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 30/04/2025 20:55:41