Akash Sanket Vitthal Shinde v. State Of Maharashtra Through Fursungi Ps Pune City

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2733 OF 2025 Akash @ Sanket Vitthal Shinde & Anr.

...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Ravindranath Patil (through Video Conferencing) a/w. Mr. Sharad R. Dhore and Ms. Karishma Thakur, for the Applicants. Mr. A. R. Metkari, APP, for the Respondent-State. Mr. Bapusaheb Khandare, PSI, attached to Fursungi Police Station, Pune City, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

1st OCTOBER 2025 PC:- 1.

Heard Mr. Patil, learned Counsel appearing for the Applicants and Mr. Metkari, learned APP appearing for the Respondent-State.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") seeking pre-arrest bail in connection with C.R. No.53 of 2025 registered with Fursungi Police Station, Pune, for the offences punishable under Sections

115(2), 118(1), 118(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 ("BNS") 3.

The prosecution case is set out in paragraph No.3 of the order dated 6th May 2025 passed by the learned Additional Sessions Judge, Pune, in Criminal Bail Application No.2479 of 2025 by which the said Application filed by the present Applicant was rejected. Said Paragraph No.3 reads as under: "3. It is the case of the prosecution that on 03/04/2025, the Informant alongwith his brother had gone for dinner at about 11.00 a.m... While returning the home the informant had gone to the office of Kaka Harfale at about 03.00 am. The informant knocked the door of Kaka Harfale and entered in his house, at that time he listen that applicant No.2 Amol was saying to Kaka Harfale that '

अशाभिकारंगारलोकांनाकशालाघेता.' At that time, the informant replied that as to whether he was looking as a Bhangar. At that time, both the applicants quarreled with him. At the right time, the brother of the informant came there and started to sought out the dispute. Applicant No.2 assaulted glass bottle, while applicant No.1 assaulted with iron rod on the head and chest of the informant. Therefore, the the informant filed report with Police Station, Phursungi."

4.

Thus, the prosecution case shows that the incident in question has taken place suddenly and in the incident the

Applicant No.2 i.e. the accused No.1 assaulted the injured with glass bottle. The Injury Certificate dated 26th April 2025 shows that the injuries are simple in nature.

5.

Although learned APP strongly opposes the Anticipatory Bail Application inter alia on the ground that the offence is serious and there are antecedents, however, the antecedents are of the year 2012 and 2013. One antecedent is under Section 302 of the Indian Penal Code, 1860 where the Applicants were in jail for about 11 years and they have been released on bail by this Court in Appeal. 6.

Mr. Patil, learned Counsel appearing for the Applicant, on instructions of the Applicants states that as the learned APP has opposed the grant of pre-arrest bail to the Applicants on the ground that there are antecedents including one under Section 302 of the Indian Penal Code, 1860 and all the offences are registered at different Police Stations of District Pune, the Applicants will stay outside District-Pune and that the Applicants will stay at sister's place i.e. C/o Monika Dayanand Jagdale, Chandgude Galli, Bhavani Peth, Tal. Karmala, Dist. Solapur- 413 203.

7.

Thus, the case is made out for grant of Anticipatory Bail to the Applicants by imposing stringent conditions. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicants-Akash @ Sanket Vitthal Shinde and Amol Dattu Shedge in connection with C.R. No.53 of 2025 registered with the Fursungi Police Station, Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.50,000/- each with one or two solvent sureties each in the like amount.

(b) The Applicants shall co-operate with the investigation. (c) The Applicants shall not enter the Pune District after being released on bail, except for reporting to the Investigating Officer, if called.

(d) The Applicants shall attend the Karmala Police Station, Solapur, on every Sunday between 11:00 a.m. to 01:00 p.m..

(e) 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.

(f) 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.

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

8.

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