Kaka Dada Shendge And ANR v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2364 OF 2025 BHALCHANDRA GOPAL DUSANE
1. Kaka Dada Shendge
2. Popat Dada Shendge ...Applicants
Versus
State of Maharashtra
...Respondent
BHALCHANDRA GOPAL DUSANE Date: 2025.10.07 12:41:12 +0530 WITH INTERIM APPLICATION NO. 3360 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.2364 OF 2025 Lata Tatya Shendge ...Applicant In the matter between :
Kaka Dada Shendge ...Applicant
Versus
State of Maharashtra
...Respondent
Mr. Sujay H. Gangal a/w Mr. Digvijaj Patil and Mr. Swaraj M. Savant, Advocate for Applicant.
Ms. Savita Yadav, APP for the State.
Mr. Rupesh Zade, Advocate for Intervenor.
PSI, Mr. Gorakh Murlidhar Punekar, Daund Police Station, Pune Rural, present.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
3rd October 2025 P.C.:
1.
Heard Mr. Gangal a/w Mr. Savant, learned Counsel appearing for the Applicant, Ms. Yadav, learned APP for the State and Mr. Zade, learned Counsel for the Intervenor.
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.500 of 2025 registered on 5th August 2025, with Daund Police Station, Pune Rural, for the offences punishable under Sections 76, 118(1), 115(2), 351(2), 352 and Section 3(5) of the Bharatiya Nyay Sanhita, 2023 ("BNS").
3.
The prosecution case is set out in paragraph No.2 of the Order dated 14th August 2025 passed by the learned Additional Sessions Judge, Baramati, District-Pune in Criminal Bail Application No. 650 of 2025 by which the said Application is rejected. The said paragraph No.2 reads as under : "2] It is case of the informant Lata Tatya Shendage that, on 05/08/2025 at about 11:30 am she was working in Gat No.226 situated at Vatluj, Tal.Daund, Dist. Pune. At that time, both accused came there. Both accused are her nephew (पुतण्या). Both accused came near her and started quarreling with her. The informant tried to persuade them by saying that, they may handover the land acquired by the Government to them and may take this land for them. But, both accused assaulted her. Accused Kaka Shendage knock down the informant thrice. Due to that, she sustained injury.
Accused Kaka Shendage gave blow of iron rod on her back and left shoulder and caused injury. In that, accused Popat Shendage gave blow of iron pipe on her right shoulder and caused injury. Both accused torn her blouse and outraged her modesty. Thereafter, both of them have threatened her to kill, abused and fled."
4.
A learned Single Judge by Order dated 26th August 2025 has granted ad-interim protection to the Applicants. 5.
Perusal of record shows that the incident in question took place due to dispute with respect to agricultural land, which is admittedly owned by the Applicants. The First Informant has went to the said agricultural field raising certain disputes. 6.
Perusal of record shows that the incident took place suddenly and there is no pre-planning. The Applicant No.1 is serving member of Indian Armed Forces. As per the injury certificate dated 5th August 2025 issued by the Medical Officer, Sub District Hospital, Daund, the injuries are simple in nature and caused by hard and blunt object.
7.
It is the submission of the learned APP and Mr. Zade, learned Advocate appearing for the Intervenor that the offence is serious
and therefore anticipatory bail application be rejected. However, as noted hereinabove, the incident took place suddenly, the injuries are simple in nature and the Applicant No.1 is serving member of Indian Armed Forces. Thus, the case is made out for grant of anticipatory bail.
8.
Accordingly, the Applicants are entitled to pre-arrest bail. Hence, following Order is passed:
O R D E R
(i) In the event of arrest, the Applicants - Kaka Dada Shendge and Popat Dada Shendge be released on bail in C.R. No.500 of 2025 registered on 5th August 2025, with Daund Police Station, Pune Rural, on executing P.R. bond of Rs.25,000/- each and furnishing one or two sureties in the like amount.
(ii) The Applicants shall attend the concerned Police Station as when required by the Investigating Officer. (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.
9.
The Anticipatory Bail Application is allowed and disposed of accordingly.
10.
In view of disposal of the Anticipatory Bail Application, nothing survives in the Intervention Applicant and the same is also disposed of.
(MADHAV J. JAMDAR, J.)