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Bombay High CourtABA/2652/2025disposed off

Salim @ Balli Abdul Bagwan And ANR v. State Of Maharashtra

2025-09-25Hon'Ble Shri Justice Madhav J. Jamdar5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2652 OF 2025

1. Salim alias Balli Abdul Bagwan

2. Reshma Salim Bagwan ...Applicants

Versus

The State of Maharashtra

...Respondent

Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.09.25 23:09:10 +0530 ARJUN VITTHAL KUDHEKAR Mr. Rupesh Atul Zade, for the Applicants.

Ms. S. M. Yadav, APP, for the Respondent-State. Head Constable, Supriya Tanaji Gore, Baramati Police Station, District-Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED:

25 SEPTEMBER 2025 PC:- 1.

Heard Mr. Zade, learned Counsel appearing for the Applicants and Ms. Yadav, learned APP for the Respondent-State of Maharashtra.

2.

This is an Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail in connection with CR No.293 of 2025 registered with the Baramati Police Station, District-Pune, for the offences punishable under Sections 115(2), 118(1), 125(a), 189(2), 190, 191(3),

193(2), 324(4), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3.

The Applicant No.1 is the husband of the Applicant No.2. The Applicant No.1 is Accused No.1 and Applicant No.2 is the Accused No.7.

4.

As per the prosecution case, on 13th August 2025, both the Applicants went to the cloth shop of the Informant and insisted that they be allowed to purchase free of cost and therefore some altercation took place between them. Thereafter, about half an hour other co-Accused came to the shop and some altercation took place, where stones were pelted and the Accused assaulted the First Informant and other two injured by fist and kick blows and a cutter and also damaged the articles-fish tank, perfume bottles, etc.

5.

It is the submission of Mr. Zade, learned Counsel for the Applicants that Applicant No.2 is a lady. He submitted that the Applicants are not involved in the crime.

6.

On the other hand, Ms. Yadav, learned APP, strongly opposed the Anticipatory Bail Application.

7.

Mr. Zade, learned Counsel for the Applicants, states that the Applicants will completely cooperate with the investigation. 8.

There are 7 Accused, 3 have been arrested and released on bail.

9.

Perusal of the record shows that the custodial interrogation is not necessary. Although there are 2 criminal antecedents against the Applicant No.1, however, the same are of the year 2014 and 2021. Both the offences are under the Maharashtra Prevention of Gambling Act, 1887. Accordingly, the Applicants are entitled for pre-arrest bail.

10.

Accordingly, the case is made out for grant of anticipatory bail. In view thereof, the following Order:

O R D E R

(a) In the event of arrest of the Applicant No.1 - Salim alias Balli Abdul Bagwan and Applicant No.2 - Reshma

Salim Bagwan, in connection with CR No.293 of 2025 registered with the Baramati Police Station, DistrictPune, they be released on bail on their furnishing PR Bond in the sum of Rs.10,000/- each with one or two solvent sureties each in the like amount.

(b) The Applicants shall attend the concerned Police Station on 6th October 2025, 7th October 2025 and 8th October 2025 between 11:00 am to 02:00 pm and thereafter the Applicants shall attend the concerned Police Station as and when called by the Investigating Officer. The Applicant No.1 shall also attend the concerned Police Station, once in 15 days i.e. on 1st and 3rd Monday of each month between 11:00 am and 02:00 pm, till filing of the Charge-sheet and shall cooperate with the investigation.

(c) The Applicants shall furnish their cell phone numbers and residential addresses 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.

11.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]