Dilip Nanasaheb Hole v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2453 OF 2025 Mr. Dilip Nanasaheb Hole ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Bharat Shinde a/w Kalpana Chate, Mr. Sumitkumar Nimbalkar, Mr. Govind Mundhe and Ms. Neha Rathod, Advocate for Applicant. Mr. Sukanta Karmakar, APP for the State.

Mr. Santosh Bhise, API, Dighe Police Station, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

9th September 2025 P.C.:

1.

Heard Mr. Bharat Shinde, learned Counsel appearing for the Applicant and Mr. Sukanta Karmakar, learned APP for the State. 2.

The Applicant is seeking pre-arrest bail in connection with C.R. No.296 of 2023, registered with Dighi Police Station, PimpriChinchwad, Pune for the offences punishable under Sections 307, 326, 323, 143, 144, 147, 148, 149, 504, 506(2) of the Indian Penal Code, 1860 and under Sections 37, (1)(3) read with Section 135 of the Maharashtra Police Act.

3.

It is the submission of Mr. Bharat Shinde, learned Counsel for the Applicant that the Applicant is falsely implicated. 4.

On the other hand, Mr. Karmakar, learned APP strongly opposes granting pre-arrest bail to the Applicant. It is the submission of the learned APP that there is CCTV footage of the incident and the Applicant is involved in the crime. He submits that there is material on record to show that the Applicant was involved in the crime and therefore Anticipatory Bail Application be rejected.

5.

The prosecution case is inter alia set out in the Order dated 27th March 2024 passed by the learned Additional District Judge, Pune. The same reads as under :

It is alleged by the State that the complainant Mangesh Mathpati is residing at Pride World City Charholi Bdk. Tal. Haveli, Dist. Pune. On 11.07.2023, in between 1-15 a.m. to 2-15 a.m., 15-20 security guards had gathered on the gate of Pride World City. The complainant asked them the reason for gathering on the gate at such a late in night. Thereupon, those security guards assembled together by possessing weapons like iron rods, iron

pipes, bamboos and sticks. They assaulted the complainant and his friends Swapnil Tukaram Devkar and Chandrashekhar Hanumant Roman. Thereby, they sustained serious injuries. The complainant lodged report in Dighi Police Station, Pimpri-Chinchwad. Accordingly, C.R. No. 296 of 2023 came to be registered for the offence punishable under Sections 307, 326, 323, 143, 144, 148, 149, 504, 506(2) of the Indian Penal Code, 1860 and Sections 37(1)(3) read with Section 135 of the Maharashtra Police Act. 6.

The Applicant is Ex-serviceman and working as Supervisor, at the relevant time. Seven accused have been arrested and they have been released on bail. The Charge-sheet has been filed against those Accused. The present Applicant is shown as absconding. The Charge-sheet has been filed against 7 Accused, and as per the prosecution case about 15 to 20 persons are involved in the crime and the Applicant is one of them. As the Charge-sheet is already filed against 7 accused and the incident is the same, it is clear that the investigation is completed. 7.

Mr. Shinde, learned Counsel appearing for the Applicant states that the Applicant will co-operate with the investigation. The

Applicant is Ex-serviceman and is of 52 years old. The incident took place on 11th July 2023. The Charge-sheet is already filed against the 7 Accused. Therefore, no custodial interrogation is required.

8.

Accordingly, the Applicant is entitled to pre-arrest bail. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Mr. Dilip Nanasaheb Hole be enlarged on bail in C.R. No.296 of 2023, registered with Dighi Police Station, PimpriChinchwad, Pune under Sections 307, 326, 323, 143, 144, 148, 149, 504, 506(2) of the Indian Penal Code, 1860 and Sections 37(1)(3) read with Section 135 of the Maharashtra Police Act, on executing P.R. bond of Rs.25,000/- and furnishing one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station daily from 15th September 2025 to 19th

September 2025 between 11.00 a.m. to 3.00 p.m. and thereafter as and when required by the Investigating Officer.

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

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

(vi) The Applicant shall not leave India without prior permission of the Court.

9.

The Anticipatory Bail Application is allowed and disposed of accordingly.

BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.09.09 20:15:34 +0530