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Bombay High CourtABA/1870/2025disposed off

Vikram Kachru Godse v. State Of Maharashtra

2025-07-10Hon'Ble Shri Justice R. N. Laddha4 pages

SMITA JOHNSON GONSALVES SMITA JOHNSON GONSALVES Date: 2025.07.11 22:44:53 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1870 of 2025 Vikram Kachru Godse, Age: 34 years, Occ: Agriculture R/o 511, Lamb Road, Godse Mala, Dastagir Baba Road, Deolali Camp, District Nashik ... Applicant versus The State of Maharashtra Through Senior PI, Adgaon Police Station, Adgaon, Nashik.

... Respondent ---- Mr Ramesh Dube Patil, a/w. Ms Iraa Dube Patil and Ashish Gabhale, and Mr Ankit Patil, i/b. Jay & Co., for the applicant. Mr MG Patil, APP for the respondent / State.

API SG Kale, Adgaon Police Station, Nashik City, is present. ---- Coram: R.N. Laddha, J.

Date: 10 July 2025.

P.C.:

.

By this application, the applicant seeks pre-arrest bail in connection with CR No.142 of 2025, registered at Adgaon Police Station, Nashik City, for offences punishable under Sections 109(1), 127(2), 132, 351(2), 351(3), and 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

The prosecution alleges that on 30 April 2025 at around 7:00 p.m., the applicant, while driving a car, overtook and blocked a State transport bus en route from Nashik to Akkalakuwa. He and his father assaulted the bus driver with punches and kicks, causing him to lose consciousness, and the driver was hospitalised.

3.

The learned Counsel appearing on behalf of the applicant, submits that the applicant was en route to Haldi ceremony when the drunk bus driver collided with his car. The applicant confronted him, but it was the bus driver who became abusive and violent. The other passengers intervened. The learned Counsel further submits that the applicant's father was already granted anticipatory bail. He further submits that the applicant is willing to surrender his car and cooperate with the investigation.

4.

Mr MG Patil, the learned Additional Public Prosecutor representing the respondent/ State, opposes the applicant's request and submits that the applicant physically assaulted the bus driver by repeatedly punching and kicking him in the face, abdomen, back and genitals, resulting in injuries. However, the learned APP fairly concedes that the investigation is almost complete and, except for the car, nothing remains to be

recovered or discovered from the applicant. He expresses concerns about potential evidence tampering and witness influence if the applicant is granted bail.

5.

Upon perusing the records, it appears that the applicant and the co-accused are accused of physically assaulting the injured bus driver with punches and kicks directed at his face, abdomen, back and genital area. Following the alleged incident, the injured bus driver lost consciousness and was subsequently admitted to Lokmanya Multi-Speciality Hospital, Nashik. A perusal of the injury certificate issued by the Hospital, however, indicates that the injuries reported by the informant do not correspond with the claims of genital assault referenced in the FIR. There is a delay in lodging the FIR. The purported incident transpired at approximately 7:00 p.m. on 30 April 2025, however, the crime was reported only on 1 May 2025 at approximately 11:34 p.m. The applicant has expressed willingness to surrender the vehicle in question.

The investigation has progressed to an advanced stage and nothing is to be recovered from the applicant except the car allegedly used while committing the alleged crime to which the applicant has expressed his willingness to surrender before the investigating agency.

the witnesses can be taken care of by imposing appropriate conditions.

6.

In the circumstances, this Court finds it fit to grant the anticipatory bail to the applicant. Hence, the following order:

ORDER

(i) In the event of the applicant's arrest in connection with CR No.142 of 2025, registered at Adgaon Police Station, Nashik City, 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 shall attend the concerned Police Station on 18 July 2025 to surrender his car, and as and when required by the investigating officer.

(iii) The applicant, himself or through any other person, shall not tamper with the evidence or influence any witnesses.

7.

The application stands disposed of accordingly. (R.N. Laddha, J.)