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Bombay High CourtABA/2196/2025disposed off

Bapu S/O Shantaram Salunke And ORS v. The State Of Maharashtra

2025-12-04Hon'Ble Shri Justice Madhav J. Jamdar4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2196 OF 2025

1. Bapu S/o Shantaram Salunke

2. Vishal s/o Bapu Salunke

3. Rahul s/o Bapu Salunke ...Applicants

Versus

State of Maharashtra

...Respondent

Mr. Ashok Dinkar Raut a/w Mr. Sanjay Bhosale, Advocate for Applicants.

Ms. S.M. Yadav, APP for the State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

4th December 2025 P.C.:

1.

Heard Mr. Raut a/w Mr. Bhosale, learned Counsel appearing for the Applicants and Ms. Yadav, learned APP for the State. 2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicants are seeking pre-arrest bail in connection with C.R. No.295 of 2025 registered with Vadner Khakurdi Police Station, Nashik Rural, for the offences punishable under Sections 118(1), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

As per the prosecution case, the family of the First Informant and the Applicant are close relatives, there was some dispute about ancestral land and sale of the same and therefore, the incident took place. As per the prosecution case, the present Applicants have assaulted the First Informant and other persons. 4.

It is the submission of learned Counsel for the Applicants that in fact wife of the Applicant No.1 has already lodged an F.I.R. bearing C.R. No. 293 of 2025 registered on 30th June 2025 at Vadner Khakurdi Police Station and thereafter as a counter-blast, the present C.R. No. 295 of 2025 has been lodged on the very day. He submits that the F.I.R. has been lodged due to said land dispute. He submits that there are no other antecedents. 5.

On the other hand, Ms. Yadav, learned APP strongly opposes the Application. She submits that one injury is grievous injury. 6.

Perusal of record shows that the incident in question took place due to the land dispute. This is a case of the cross F.I.R. There are injuries on the First Informant, however, two injuries are simple in nature. Although one injury is grievous nature, the same

is by hard and blunt object. Another injured is Vijay Trimbak Salunke, however, his injuries are simple in nature. 7.

In the facts and circumstances, case is made out for grant of anticipatory bail to the Applicant. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicants- (1) Bapu S/o Shantaram Salunke, (2) Vishal s/o Bapu Salunke, and

(3) Rahul s/o Bapu Salunke be released on bail in C.R. 295 of 2025 registered with Vadner Khakurdi Police Station, Nashik Rural, Nashik on executing P.R. bond of Rs.10,000/- each and furnishing one or two sureties each in the like amount.

(ii) The Applicants shall attend the concerned Police Station as and when called by the Police and shall cooperate with the investigation. (iii) The Applicants shall furnish their cell phone numbers and residential address to the Investigating Officer and

shall keep the same updated, in case of any change thereto.

(iv) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(v) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner.

8.

The Anticipatory Bail Application is allowed and disposed of accordingly.

(MADHAV J. JAMDAR, J.)