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Bombay High CourtABA/2267/2025allowed

Avinash Hanumant@ Hanumantrao Shendage v. State Of Maharashtra

2025-12-17Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2267 OF 2025 Avinash Hanumant @ Hanumantrao Shendage ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Taukeer Siddiqee i/b Mr. Abhishek Mishra for the Applicant. Mr. V.N. Sagare, APP for the Respondent/State. PHC M.R. Bhogade, Vikramgad Police Station, Palghar is present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

17.12.2025.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 170 of 2025 of registered at Vikramgad Police Station, Palghar for the offences punishable under Sections 115(2), 118(1), 3(5), 351 (2) and 352 of the Bharatiya Nyaya Sanhita, 2023. 3.

It is the case of the prosecution that on the date of incident which took place on 25th May 2025, the present applicant assaulted the victims Noorul ismail, Arman Alam, Subodh Mahato, Sohel Alam, Suryakumar Mangloo Sharma, Imtiyaz Ansari, Krushna Kumar and Kuresh Saha with a stick on account of a trivial issue. It is alleged that during the alleged incident, the injured Subodh Mahato sustained grievous injuries. Accordingly, the present crime was registered.

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4.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 5.

Learned counsel for the applicant submits that the prosecution case is improbable. It is submitted that there are no other criminal antecedents. It is submitted that the applicant, without prejudice to his rights and contentions, is ready and willing to pay an amount of Rs.25,000/- to the injured Subodh Mahato.

6.

On the other hand, learned APP for the respondent/State submits that on a very trivial issue, the present applicant assaulted Subodh Mahato and others. It is submitted that considering the nature of crime, the applicant may not be released on anticipatory bail.

7.

I have perused the first information report and the statement of Subodh Mahato. Prima facie, the incident does not appear to be premeditated. There are no other criminal antecedents against the present applicant. Considering the said facts, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No. 170 of 2025 of registered at Vikramgad Police Station, Palghar 2/3

for the offences punishable under Sections 115(2), 118(1), 3(5), 351 (2) and 352 of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.

C) The applicant shall attend the concerned police station as and when called the Investigating Officer and shall cooperate in the investigation.

D) The applicant shall hand over a Demand Draft of Rs.25,000/- to the Investigating Officer within a period of three weeks from today. The Investigating Officer in turn shall hand over the said Demand Draft to the injured Subodh Mahato.

[N.R.BORKAR, J.] 3/3