Shivam Vishwas Deshmukh And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2150 of 2025

1. Shivam Vishwas Deshmukh Age: 27 years, Occ: Advocate

2. Vishwas Shamrao Deshmukh Age: 53 years, Occ: Business

3. Abhay Shrirang Pawar Age: 39 years, Occ: Agriculturist, All residing at Kokisare, Taluka Phaltan, District: Satara ... Applicants versus The State of Maharashtra (Through Patan City Police Station) District: Satara Vide C.R. No.77 of 2025 ... Respondent ---- Mr Kuldeep U Nikam, for the applicants.

Mr Shahaji Shinde, "B" Panel Counsel, for the State. Mr SV Walve, APP, for the respondent/ State.

API PN Bhujbal, Patan Police Station, Satara. ---- Coram: R.N. Laddha, J.

Date: 1 August 2025.

P.C.:

.

By this application, the applicants seek pre-arrest bail in connection with CR No.77 of 2025, registered at Patan Police

Station, Satara, for offences punishable under Sections 118(1), 310(2), 351(2), 351(1) and 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

It is the case of the prosecution that on 15 April 2025, the applicants, along with the co-accused, assaulted the informant's son and relatives with kicks, punches, and iron rods. They also snatched money and gold ornaments from the informant's son and nephew.

3.

The learned Counsel appearing on behalf of the applicants asserts the applicants' innocence and contends that they have been falsely implicated in the crime. He submits that the informant and his associates were the aggressors in the incident and snatched cash as well as ornaments from the applicants. Applicant No.1 was gravely injured in the incident and required immediate medical attention. This incident was reported by Applicant No.1 vide CR No.70 of 2025 on 25 April 2025, prior to the registration of the present FIR on 7 May 2025. The learned Counsel further submits that the present FIR is a retaliatory action, and there is an inordinate delay in lodging it. No specific role has been attributed to the applicants, and the allegations are vague and general in nature. Furthermore, nothing is to be recovered or discovered from the applicants,

and the applicants are ready to abide by any conditions set forth by this Court.

4.

The learned Additional Public Prosecutor representing the respondent/ State opposes the applicant's request for pre-arrest bail and contends that the offence is of a serious nature. He submits that the applicants and the co-accused assaulted the informant's relatives and snatched cash and gold ornaments. If released on pre-arrest bail, the applicants may tamper with the evidence or influence witnesses.

5.

After perusing the records, more particularly the contents of the FIR, it appears that the allegations against the applicants are general and lack specificity. There is no material available on record to suggest that the applicants used any weapon in the commission of the alleged offence. Furthermore, the alleged incident occurred on 15 April 2025, followed by two FIRs, one by applicant No.1 on 25 April 2025, and another by the informant, on 7 May 2025, showing a 22-day delay. Applicant No.1's FIR, filed earlier, claims the informant and his associates were the aggressors and had looted cash and ornaments. The injured in the present FIR is an accused in the cross FIR. There are no weapon-use allegations against the applicants, and the only claim that they snatched a gold chain is uncorroborated by

eyewitnesses. The weapon allegedly used by a co-accused has already been recovered. Concerns about evidence tampering and witness influence can be mitigated through suitable conditions. Moreover, the investigation is almost complete. 6.

In these circumstances, this Court deems it fit to exercise its discretion in favour of the applicants. Accordingly, the application is allowed on the following terms : (i) In the event of the applicants' arrest in CR No.77 of 2025, registered at Patan Police Station, Satara, 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 shall attend the concerned Police Station as and when required.

(iii) The applicants, themselves or through any other person, shall not indulge in any activities that may tamper with the evidence or influence witnesses.

7.

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