Nagesh Shankar Randhir And ORS v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1142/2025 HARISH VITHAL CHAUDHARI NAGESH SHANKAR RANDHIR AND ORS ...APPLICANTS VS STATE OF MAHARASHTRA ...RESPONDENT by HARISH VITHAL CHAUDHARI Date: 2025.05.01 13:53:16 +0530 ...

Adv. Ghanasham Jadhav for the Applicants.

Adv. Supriya Kak, APP for the Respondent State. Mr. Hiralal Khomare, HC/2460 , IO.

...

CORAM

: RAJESH S. PATIL, J.

DATED : APRIL 29, 2025 P.C.:

1.

The present pre-arrest bail application is filed by the four accused persons in C. R. No. I-1035/2024 registered with Yavat Police Station for the offences punishable under Section 189(1), 189(2), 191(2), 191(3), 190, 118(1), 352, 351(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023.

2.

As regards the applicant no. 1 (Nagesh Shankar Randhir) is concerned, the allegation in the FIR against him in that he has used his fist blows to hit the first informant and his family members. 3.

The learned APP on instructions of the investigating officer submits that since the weapons were not used by the applicant no. 1 and the injury which has been caused to the first informant is by blunt

and hard object, the investigating officer is not pressing for custody of the applicant no.1. In my view, the pre-arrest bail application of applicant no.1 needs to be granted. According the pre-arrest bail of applicant no. 1 Nagesh Shankar Randhir stands allowed. 4.

The learned counsel for the applicants on instructions of the applicants is not pressing the present anticipatory bail application as regards the applicant no. 2 (Karan Bhimrao Randhir). Therefore, the present anticipatory bail application stands rejected as not pressed as far as the applicant no. 2 (Karan Bhimrao Randhir) is concerned. 5.

As regards the applicant no. 3 (Siddharth Dilip Randhir) is concerned, it is alleged that applicant no. 3 has used a stone to hit the first informant on his head. As regards the accused no. 4 (Sunny Laxman Chorgade) is concerned, it is alleged that applicant no. 4 has used iron rod to hit the first informant on thigh. 6.

I have heard the counsel for both the sides and have gone through the documents on record including the FIR and medical certificates.

7.

The injury certificates produced before me shows the injury on head, shoulder and ankle of the first informant. The injury certificate is of Medical Officer, Rural Hospital, Yavat. The nature of the injuries is of "simple" caused due to hard and blunt object. Admittedly, there are

no antecedents as far as the applicant nos. 3 and 4 are concerned. The antecedents are against the accused Vishal Damodare, who is still absconding. It has been submitted by the counsel for the applicants that in the incident which took place, even the applicants were injured, however, they did not approach the police for lodging their FIR. He further submitted that the applicants are ready to co-operate with the police. The applicants will also hand over the weapons used in the alleged crime.

8.

According to me, considering the fact that there are no antecedents against the applicant nos. 3 and 4, it is alleged that the accused no.4 has used iron rod to hit the first informant on his thigh. It is also alleged that applicant no. 3 has used stone to hit the first informant on his head. The injury certificates show that the injury is of "simple" nature. Hence, at this stage, according to me, the custody of applicant nos. 3 and 4 is also not necessary. Hence, I pass the following order.

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with Crime No. 1035/2024 registered with Yavat Police Station, the applicants Nagesh Shankar Randhir, Siddharth Dilip Randhir and Sunny Laxman Chorgade shall be released on

bail, on furnishing P.R. bond to the extent of Rs.30,000/- each with one or more sureties each of the like amount. (c) The applicants shall co-operate with the investigation and attend and meet the investigating officer on every Monday and Thursday between 11.00 a.m. to 1.00 p.m. till filing of the charge-sheet.

(d) 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 them from disclosing the facts to Court or any Police Officer and further, the applicants shall not tamper with the evidence in any manner whatsoever.

(e) The applicant shall furnish details of their residential addresses, contact numbers and e-mail addresses to the investigating officer.

9.

Needless to say, violation of any of the aforesaid conditions would make the applicants liable to face proceedings for cancellation of anticipatory bail. It is clarified that the observations made in this order are limited to the question of grant of anticipatory bail 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. 10.

The anticipatory bail application is disposed off. (RAJESH S. PATIL, J.)