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Bombay High CourtABA/1512/2025allowed

Pradip @ Sugriv Harischandra Sapale v. State Of Maharashtra

2025-07-11Hon'Ble Shri Justice R. N. Laddha4 pages

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2025.07.12 02:09:47 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1512 of 2025 Pradip @ Sugriv Harischandra Sapale Age- 37 years, Occ. Service, R/at: Gavthan Yawat, Pune - 412214 ... Applicant versus The State of Maharashtra Through the office of Public Prosecutor Criminal Appellate Side, Mumbai - 400 032 ... Respondent ---- Mr Amol B Jagtap, for the applicant.

Mr Prashant Jadhav, APP, for the respondent/ State. PSI Vijay Kolhe, Yavat Police Station, Pune Rural, is present. ---- Coram: R.N. Laddha, J.

Date: 11 July 2025.

P.C.:

.

By this application, the applicant seeks anticipatory bail, apprehending arrest in CR No.173 of 2025, registered at Yavat Police Station, Pune Rural, for offences punishable under Sections 110, 189(2), 191(2), 191(3), 119(1), 118(1), 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

2.

According to the prosecution, on 19 February 2025, the informant was browsing Instagram when he came across a story posted by the Satya Group, which he believed was directed at him. In order to seek clarification, he went to the Star 9 Cafe, owned by Dada Sapale, accompanied by his friend, Dheeraj Lahu Mali. They arrived at the Cafe around 10:30 p.m., where they encountered Dada Sapale along with several other individuals. When they questioned Dada Sapale regarding the Instagram story, a verbal confrontation occurred, during which the informant and his friend were assaulted by accused persons. 3.

The learned Counsel appearing on behalf of the applicant submits that the only allegation against the applicant is that he assaulted the informant with fists and kicks. The weapon was allegedly used by the co-accused, and not by the applicant. The investigation in the present matter has been completed, and prior to the filing of this application, the applicant appeared before the investigating officer and cooperated with the investigation. A charge sheet has already been filed against the co-accused, and nothing is to be recovered or discovered from the present applicant.

4.

The learned Additional Public Prosecutor, representing the respondent/State and acting on instructions from the

Investigating Officer present in the Court, submits that the investigation has been completed and there is nothing to be recovered or discovered from the applicant. The learned APP further informs the Court that a charge sheet has already been filed against the co-accused. The learned APP also confirms that the applicant has no criminal antecedents. 5.

Upon perusing the records, it appears that the investigation in the present case has been completed, and there is nothing to be recovered or discovered from the applicant. The sole allegation against the applicant is that he assaulted the first informant with fists and kicks. The accusation regarding the use of a weapon pertains to the co-accused and not the applicant. The medical report reflects that the injuries allegedly caused by the informant are of a simple nature. Moreover, the learned APP has fairly stated that the applicant has no criminal antecedents.

6.

In view of the foregoing, and considering that custodial interrogation of the applicant would not serve any useful purpose at this stage, this Court is inclined to exercise its discretion in favour of the applicant. Accordingly, the application is allowed on the following terms:

ORDER

(i) In the event of the applicant's arrest in connection with CR No.173 of 2025, registered with Yavat Police Station, Pune Rural, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount;

(ii) The applicant, himself or through any other person, shall not indulge in any activity that may tamper with the evidence or influence witnesses;

(iii)The applicant shall attend the concerned Police Station as and when required by the Investigating Officer till filing of the charge sheet.

7.

The application stands disposed of.

(R.N. Laddha, J.)