Devendra Sanjay Patil v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2438 OF 2025 Manish Bhausaheb Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH ANTICIPATORY BAIL APPLICATION NO.2439 OF 2025 Devendra Sanjay Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Laxman Shahapur a/w. Mr. Bhimanna S. Meti, Ms. Reshma Chavan and Ms. Monisa Usmani, for the Applicants. Mr. S. A. Karmakar, APP, for the Respondent-State. Ms. D. S. Mundkar, WPSI, attached to Wakad Police Station, Pimpari-Chinchwad Police Station, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

8th SEPTEMBER 2025 PC:- 1.

Heard Mr. Shahapur, learned Counsel appearing for the Applicants and Mr. Karmakar, learned APP appearing for the Respondent-State.

2.

The Applicants are seeking pre-arrest bail in connection with C.R. No.399 of 2025 registered at Wakad Police Station, PimpriChinchwad, Pune for the offence punishable under Sections 118(1), 118(2), 115(2), 3(5), 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

3.

It is the submission of Mr. Shahapur, learned Counsel appearing for the Applicants that the Applicants are students. They are not involved in the crime. There are no antecedents against the Applicants therefore, he prays that pre-arrest bail be granted to the Applicants.

4.

On the other hand, Mr. Karmakar, learned APP appearing for the Respondent-State submits that the FIR clearly shows that the Applicants are involved in the crime and therefore, the Anticipatory Bail Application be rejected.

5.

The prosecution case is set out in paragraph Nos. 2 and 3 of the impugned order dated 29th August 2025 of the learned Additional Sessions Judge, Pune in Criminal Bail Application

No.5680 of 2025 and Criminal Bail Application No.5623 of 2025. The said paragraphs read as under:

"2] In brief it is case of prosecution that the informant Pawan Ravindra Patil is Mechanical Engineer resides at Chhatrapati chowk, Wakad alongwith his brother Kunal Ravindra Patil, Dhiraj Navsare, Chetan Mahajan. His father and mother Ravindra and Kalpana resides at their village. The informant is working in the zepto company as delivery boy. His brother Kunal is working in the company by name Elite Business Cronicals. He is having friend by name Parth Sanjay Patil who was taking education in BCA. They used to call on telephone regularly.

3] On 11/8/2025 at about 11.36 at night when he was in his room he called his friend Parth Sajay Patil on mobile. The phone was picked up by Manish Bhausaheb Patil. Manish Patil asked him why he is repeatedly calling on mobile. At that time Manish Patil told him that he has to receive 10000/- Rs from Parth Patil so his phone is with him. When informant told Manish to give message to Parth that Pawan Patil had called him. Manish Patil annoyed, he abused the complainant and disconnected the phone. The informant again called Parth on telephone, Manish Patil disconnected it Thereafter Manish Patil called brother of informant Kunal on his mobile and asked whether they can come to room of Kunal. Kunal has no objection. Thereafter informant, his brother Kunal Patil, Chetan Mahajan and Hemant Navsare were in the room. Thereafter informant, Dhiraj and Hemant Navsare went for meal at hotel Morya at Bhumkar chowk. At about 12.45 night on 12/8/2025 when they were returning back to their house, infront of Sonegara Kesar society Manish Bhausaheb Patil and applicant

Devendra Sanjay Patil came there on motorcycle and started abusing the informant. They caught the shirt of the informant and slapped on his cheek. Because of slapping his spectacles were broken. The glass of the spectacles caused injury near his eye. Manish Patil by his steel bracelet assaulted on the head of complainant, he sustained bleeding injury on head. His brother and other rescued him. Thereafter he lodged report to Wakad police station. Accordingly offence bearing CR no. 399 of 2025 under section 118(1), 118(2), 115(2), 3(5), 352 was registered."

6.

Thus, perusal of the prosecution case shows that the incident in question took place on spur of the moment. The Applicants are students. The Applicant-Manish Bhausaheb Patil is doing Post Graduate M.B.A. in the Institute of Management Development and Research run by the Deccan Education Society, Pune and the Applicant -Devendra Sanjay Patil is studying in 3rd year of Polytechnic in the Maharashtra State Board of Technical Education, Pune. There are no criminal antecedents against the Applicants. 7.

Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Manish Bhausaheb Patil and the Applicant-Devendra Sanjay

Patil in connection with C.R. No.399 of 2025 registered with the Wakad Police Station, PimpriChinchwad, Pune the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount.

(b) The Applicants shall attend the concerned Police Station on every Sunday between 11:00 a.m. to 01:00 p.m. till filing of the chargesheet and shall cooperate with the investigation. In addition, the Applicants shall attend the concerned Police Station as and when called.

(c) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) 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.

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

(f) The Applicants shall not leave India without prior permission of the Court.

8.

The Anticipatory Bail Applications are disposed of accordingly.

[MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.09.08 14:39:25 +0530 SONALI MILIND PATIL