Nikhil Nandkumar Ghorpade And ANR v. State Of Maharashtra
Digitally signed by CHITRA SANJAY SONAWANE Date:
2025.07.03 10:58:23 +0530 CHITRA SANJAY SONAWANE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1595 of 2025
1. Nikhil Nandkumar Ghorpade Age-30 years, Occupation-Labour R/at-Pimpali, Taluka-Baramati, Dist-Pune
2. Anil Ramdas Meher Age-25 years, Occupation-Labour R/at-Baramati, Taluka-Baramati, District-Pune ... Applicants versus The State of Maharashtra (Through Baramati City Police Station In connection with CR No.151 of 2025) ... Respondent ---- Mr Rupesh Zade, for the applicants.
Mr Swapnil Pednekar, APP, for the respondent/ State. HC/JF Zanzane, Baramati City, Police Station, is present. ---- Coram: R.N. Laddha, J.
Date: 2 July 2025.
P.C.:
By this application, the applicants seek pre-arrest bail in connection with CR No.151 of 2025, registered at Baramati City Police Station, Pune Rural, for offences punishable under Sections 115(2), 118(2), 189(2), 190, 191(2), 191(3), 324(4), 351(2), 351(3) and 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2.
The prosecution alleges that on 24 April 2025, the applicants, in connivance with the co-accused, formed an unlawful assembly during which they verbally abused the informant, issued threats to take his life, and physically assaulted him with punches, kicks, and an iron rod. As a result of this violent encounter, the informant suffered a fractured leg. 3.
Mr Rupesh Zade, the learned Counsel appearing on behalf of the applicants, asserts the applicants' innocence and contends that the only role attributed to the applicants is of allegedly hurling abuses and assaulting the informant with kicks and fist blows. According to the FIR itself, no weapon was used by the applicants. The learned Counsel further submits that the investigation is complete and a charge sheet has been filed. There remains nothing to be recovered or discovered from the applicants. The applicants are ready and willing to abide by any conditions imposed by this Court if granted bail. 4.
At the outset, Mr Swapnil Pednekar, the learned Additional Public Prosecutor representing the respondent/ State, on instructions from the investigating officer present in the Court, acknowledges that the investigation has concluded, there is nothing to be recovered or discovered from the applicants, and a charge sheet has already been filed. He further
submits that the prosecution does not require the applicants' custody.
5.
Upon perusing the records, it appears that the allegations against the applicants primarily revolve around allegedly verbally abusing the informant and attacking him using fist and kick blows. The contents of the FIR prima facie do not indicate that the applicants used any weapon in the alleged incident. The learned APP fairly concedes that the investigation has concluded, nothing remains to be recovered or discovered from the applicants, and a charge sheet has been filed. Furthermore, the prosecution does not seek the applicants' custody. Considering the nature of the allegations, the fact that the investigation has concluded, nothing is to be recovered or discovered at the applicants' behest, and a charge sheet has already been filed, this Court deems it fit to exercise its discretion in favour of the applicants. Hence, the following order:
ORDER
(i) In the event of the applicants'
arrest in connection with CR No.151 of 2025, registered at Baramati City Police Station, Pune Rural, they shall be released on bail upon executing a
PR Bond of Rs.25,000/- each and furnishing one or more sureties in the like amount.
(ii) The applicants, themselves or through any other person, shall not indulge in any activity that may tamper with the evidence or influence witnesses.
(iii) The applicants shall regularly attend and cooperate with the trial Court for the expeditious disposal of the case.
6.
The application stands disposed of accordingly. (R.N. Laddha, J.)