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Bombay High CourtABA/2861/2025disposed off

Nagesh Anil Shinde And ANR v. State Of Maharashtra

2025-10-13Hon'Ble Shri Justice Madhav J. Jamdar4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2861 OF 2025 Nagesh Anil Shinde & Anr.

...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Shubham S. Sane, for the Applicant.

Mr. S.M. Mangaonkar, APP, for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

13th OCTOBER 2025 PC:- 1.

Heard Mr. Shubham Sane, learned Counsel appearing for the Applicants and Mr. Mangaonkar, learned APP appearing for the Respondent-State.

2.

The present application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") seeking prearrest bail in connection with C.R. No. 359 of 2025 with Wanwadi Police Station, District Pune City registered on 07th September 2025 for the offences punishable under Sections 115(2), 118(1), 3(5), 352 of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

As per the prosecution case accused persons, in view of previous enemity, in furtherance of their common intention, assaulted the informant with hands and accused Amar assaulted First Informant on his head with cement block. 4.

It is the main submission of Mr. Sane, learned Counsel appearing for the Applicant that the main allegations of assault by cement block was against Accused - Amar Shinde i.e. Accused No.2. He submits that the present application is filed by Accused Nos. 1, 3 & 4 and allegations against them are, that they assaulted the injured by hands. He submits that there are no antecedents. 5.

Mr. Mangaonkar, learned APP submits that the Anticipatory Bail Application be dismissed as the offence is very serious. 6.

Perusal of the record shows that the only role attributed to the present Applicants is that they have assaulted injured by hand. There are no antecedents.

7.

Learned Counsel appearing for the Applicants states that the Applicants will co-operate with the investigation.

8.

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 No.1 - Nagesh Anil Shinde, Applicant No.2 - Pintu @ Kamesh Dnyaneshwar Shinde and Applicant No.3 - Raju Laxman Shinde in connection with C.R. No. 359 of 2025 registered with the Wanwadi Police Station, Pune City the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

(b) The Applicants shall attend the concerned Police Station on 27th October 2025, 28th October 2025 and 29th October 2025. In addition, the Applicants shall attend the concerned Police Station as and when called till filing of the chargesheet and shall cooperate with the investigation.

(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.

9.

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