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Bombay High CourtABA/1524/2025allowed

Vasant Bhimrao Sapale v. The State Of Maharashtra

2025-06-18Hon'Ble Shri Justice R. N. Laddha4 pages

by CHITRA SANJAY SONAWANE Date:

2025.06.18 21:01:22 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 1524 of 2025 Vasant Bhimrao Sapale Age 34 years, Occ. Farmer / Labour, Residing at Yawat, Tal. Daund, Dist. Pune.

... Applicant versus The State of Maharashtra Through Senior Inspector of Police Yawat Police Station, Dist. Pune.

... Respondent ---- Mr Ranjeet M Pawar, for the Applicant.

Mr Arfan Sait, APP, for Respondent / State.

PSI K H Wagaj, Yavat Police Station, Pune (R), is present. ---- Coram: R.N. Laddha, J.

Date: 18 June 2025 P.C.:

By this application the applicant seeks pre-arrest 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.

The informant alleges that on 19 February 2025, while browsing Instagram, he came across a story posted by the Satya

Group, which he pursued as targetting him. To seek clarification, he visited the Star 9 Cafe owned by Dada Sapale, accompanied by his friend Dheeraj Lahu Mali. Upon reaching the Cafe around 10:30 p.m., they encountered Dada Sapale and several others. When the informant questioned Dada Sapale about the Instagram story, a verbal altercation ensued, during which multiple accused persons assaulted the informant and his friend. Shambhu Ransur initiated physical violence by grabbing the informant's collar and hitting him. Anna Sapale attacked Dheeraj with a sickle, causing a bleeding injury. The informant was further assaulted by Shambhu Ransur with an iron rod and by the applicant with a stick. Several others, including named or unknown persons, have joined in the assault using fist, kicks and abusive language. Anna Sapale also snatched the informant's mobile phone. Following the incident, the informant and his injured friend sought medical treatment at Yavat Gramin Hospital where the police recorded the informant's statement.

3.

Mr Ranjit Pawar, the learned Counsel appearing for the applicant submits that the investigation in the present crime is nearing completion, and prior to filing of the present application the applicant has attended the concerned police station and cooperated with the investigation. The charge sheet

has already been filed against the co-accused and nothing is to be recovered or discovered from the applicant. The weapons, including the wooden stick, are already seized by the police. 4.

The learned Additional Public Prosecutor representing the respondent/ State, on instructions from the investigating officer present in the Court, acknowledges that the investigation has already been completed, and nothing is to be recovered or discovered from the applicant. Furthermore, he informs the Court that the charge sheet has already been filed against the co-accused.

5.

Upon perusing the records, it appears that the investigation in the present matter is at an advanced stage and is nearing its conclusion. It further appears that nothing is to be recovered or discovered from the applicant. The medical report indicates that the injuries, attributed to the applicant and allegedly sustained by the informant are of a simple nature. Additionally, there is no material on record to suggest that the applicant has any past criminal antecedents. In light of the above, and considering the custodial interrogation of the applicant would serve no fruitful purpose at this juncture, this Court is inclined to exercise its discretion in favour of the applicant. Accordingly, the application is allowed in the following terms.

(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 till filing of the charge sheet.

6.

The application stands disposed of accordingly. [R.N. Laddha, J.]