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Bombay High CourtABA/2215/2025allowed

Vicky Dattatray Babar v. State Of Maharashtra

2025-08-08Hon'Ble Shri Justice R. N. Laddha4 pages

Digitally signed by CHITRA SANJAY SONAWANE Date:

2025.08.11 10:37:49 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 911-aba-2215-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2215 of 2025 Vicky Dattatraya Babar Age: 34 yrs, Occ: Agriculture, R/at Jambali, Post-Sangrun, Tal-Haveli, Near Nilkltheshwar Payatha, Jambali, Pune City, N.d.a. Khadakwasla, Maharashtra-411023.

... Applicant.

Vs.

The State of Maharashtra Through Uttamnagar Police Station, Pune ... Respondent.

--- Mr Aadesh Konde-Deshmukh, Advocate a/w Mr Yogesh Sukale for the applicant.

Mr SM Mangaonkar, APP for the respondent / State. PSI, Dhanawade, IO, a/w ASI, Firoz Mulani, Uttamnagar Police Station, Pune.

--- Coram : R.N.Laddha, J.

Date : 8 August 2025.

P.C. :

By this application, the applicant seeks pre-arrest bail in connection with CR No.36 of 2025, registered at Uttam Nagar Police Station, Pune, for offences punishable under Sections 109(1), 118(1), 115(2), 189(2), 191(2), 351(3), Page No. 1 of 4

Chitra Sonawane 911-aba-2215-2025.doc 352 of the Bharatiya Nyaya Sanhita (BNS), 2023. 2.

According to the prosecution, on 19 March 2025, the applicant, along with the co-accused, being members of an unlawful assembly, caused hurt to the informant by means of a brick and a belt.

3.

The learned Counsel appearing on behalf of the applicant, asserts the applicant's innocence and contends that the applicant has been falsely implicated in the present case. The co-accused, who allegedly assaulted the informant with a brick and a belt, have already been released on bail. The specific allegations against the present applicant is that, he assaulted the informant by means of fist and kick blows. The learned Counsel further submits that the investigation has been concluded, and the weapons allegedly used in the crime have been recovered. Nothing remains to be recovered or discovered from the applicant. Furthermore, a co-accused, attributed with a similar role, has already been granted anticipatory bail.

4.

The learned APP submits that the accusations against the applicant are of a grave and serious nature. However, the learned APP fairly concedes that the weapons used in Page No. 2 of 4

Chitra Sonawane 911-aba-2215-2025.doc the commission of the offence have been recovered, and no further recovery or discovery is pending from the applicant. The investigation has been completed and the charge sheet has also been duly filed.

5.

Upon perusing the records, it appears that the only allegation levelled against the present applicant pertains to having assaulted the informant by means of fist and kick blows. The alleged weapons employed in the commission of the offence by the co-accused have already been seized and duly recovered by the investigating agency. The investigation in the matter stands concluded, and the charge sheet has been duly filed before the competent Court. Consequently, there remains no further requirement for custodial interrogation of the applicant, nor is there any material object left to be recovered or discovered from him. 6.

In view of the foregoing circumstances, this Court is of the opinion that it would be just, proper, and in the interest of justice to exercise its discretion in favour of the applicant. Accordingly, the application stands allowed and the following order is passed.

Page No. 3 of 4

Chitra Sonawane 911-aba-2215-2025.doc

ORDER

(i) In the event of the applicant's arrest in connection with CR No.36 of 2025, registered at Uttam Nagar Police Station, Pune, 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 regularly attend the trial proceedings and cooperate with the trial Court for the expeditious disposal of the case.

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

.

7.

The application stands disposed of accordingly. [R. N. Laddha, J.] Page No. 4 of 4