Vishwas Bhagwan Gajarmal v. State Of Maharashtra

Mamta Kale 24-aba-1917-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 1917 of 2025 Vishwas Bhagwan Gajarmal ... Applicant versus The State of Maharashtra

...Respondent

---- Mr Priyal Sarda a/w Mr Sachin Zalte a/w Mr Naagesh S Khedkar a/w Mr Shubham Sane, for the Applicant. Mr Arfan Sait, APP, for Respondent / State.

Mr Sanjay Sarraf a/w Mr Sagar Mane, for the Intervenor. PI Bhojraj Misal, Nigdi Police Station, Pimpri, Pune, is present. ---- Digitally signed by MAMTA AMAR KALE Date:

2025.07.14 21:05:09 +0530 MAMTA AMAR KALE Coram: R.N. Laddha, J.

Date: 14 July 2025 P.C.:

.

The learned Counsel for the applicant submits that the applicant was not present at the scene at the time of alleged assault. The only allegation levelled against the applicant is that he allegedly restrained the first informant from entering the premises where the co-accused were purportedly assaulting the injured person, and further, that he allegedly assaulted the first informant. However, a perusal of the record reveals that the first informant has not, at any point, stated that the applicant had either obstructed his entry into the premises or physically assaulted him during the occurrence of the incident. __________________________________________________ 14 July 2025

Mamta Kale 24-aba-1917-2025.docx Furthermore, the learned Counsel submits that the applicant is in possession of CCTV footage which, according to him, demonstrates that he was not present at the scene at the relevant time. The applicant is willing and prepared to submit the said CCTV footage to the investigating officer for verification and further investigation. Upon a perusal of the records, it appears that the primary allegation against the applicant is that he obstructed the first informant from entering the premises wherein the co-accused were allegedly assaulting the injured person, namely Jamil Pathan. However, it is pertinent to note that the first informant has not made any categorical statement implicating the applicant in either preventing his entry or assaulting him at the time of the incident. While the applicant has asserted that he was not present at the spot during the relevant time, the veracity of this claim remains subject to verification.

2.

By consent, stand over to 18 July 2025. In the meantime, the applicant shall attend the concerned police station on 16 July 2025, between 11:00 am and 2:00 pm, hand over the CCTV footage and cooperate with the investigation. There shall not be any coercive action against the applicant in the present crime till the next date.

(R.N. Laddha, J.) __________________________________________________ 14 July 2025