Dipak Pardeshi v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2749 OF 2025 BHALCHANDRA GOPAL DUSANE Dipak Pardeshi, Mandwad, PO Nandgaon, Dist. Nashik ...Applicant

Versus

State of Maharashtra

...Respondent

BHALCHANDRA GOPAL DUSANE Date: 2025.10.07 12:41:12 +0530 Mr. Kunal Savaskar, Advocate for Applicant.

Mr. S.A. Karmakar, APP for the State.

HC, N.N. Chavan, Nandgaon Police Station, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

3rd October 2025 P.C.:

1.

Heard Mr. Savaskar, learned Counsel appearing for the Applicant and Mr. Karmakar, learned APP for the State. 2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with C.R. No.350 of 2025 registered on 8th August 2025, with Nandgaon Police Station, District-Nashik Rural, for the offence punishable under Sections 303(2) of the Bharatiya Nyay Sanhita, 2023 ("B.N.S.").

3.

As per the prosecution case, the Informant visited his agricultural land on 5th August 2025 and at that time, he noticed that the Tamarind tree was chopped and after collecting the information, came to know that on 25th May 2025 in the afternoon, the Applicant has stolen the said tree and therefore he lodged F.I.R. on 8th August 2025.

4.

It is the main submission of Mr. Savaskar, learned Counsel for the Applicant that in fact the said tree was cut with the consent of the Applicant and as there is some dispute regarding payment of money, the F.I.R. has been lodged.

5.

Learned APP strongly opposes granting anticipatory bail to the Applicant.

6.

Prima facie, there is substance in the contention raised by the learned Counsel for the Applicant as there is some dispute regarding payment, F.I.R. has been lodged.

7.

Accordingly, the case is made out for grant of anticipatory bail. Hence, following Order is passed :

O R D E R

(i) In the event of arrest, the Applicant - Dipak Pardeshi be released on bail in C.R. No.350 of 2025 registered on 8th August 2025, with Nandgaon Police Station, Nashik Rural, for the offence punishable under Sections 303(2) of the Bharatiya Nyay Sanhita, 2023 ("B.N.S.") on his executing P.R. bond of Rs.15,000/- and also furnishing one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station as and when called 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.

8.

The Anticipatory Bail Application is allowed and disposed of accordingly.

(MADHAV J. JAMDAR, J.)