← Library
Bombay High CourtABA/3079/2025disposed off

Vishal Pramod Nikale v. The State Of Maharashtra

2025-12-02Hon'Ble Shri Justice Madhav J. Jamdar3 pages

K.R.Gadekar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3079 OF 2025 Vishal Pramod Nikale ...Applicant

Versus

The State of Maharashtra

...Respondent

by KISHOR RAGHUNATH GADEKAR Date: 2025.12.08 21:45:24 +0530 KISHOR RAGHUNATH GADEKAR _______________________________________________________________ Ms. Ankita Ugalmugale, i/by Narayan G. Rokade a/w. Ms. Mrunmai K. Rokade, for the Applicant.

Ms. S.M. Yadav, APP for State.

Mr. Ravindra Ramdas Gunjal, Pimpalgaon Police Station, Nashik(rural) _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 02 DECEMBER 2025 P.C.:

1.

Heard, Ms. Ankita Ugalmugale, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP for the State. 2.

The applicant by the present application filed under Section 438 of the Code of Criminal Procedure, 1973 is seeking pre-arrest bail in connection with C.R.No.102 of 2024 registered with Pimpalgaon Police Station, Nashik for the offence punishable under Section 143, 147, 148, 149, 323, 324, 427, 452, 504, 506 and 307 of I.P.C., 1860. 3.

As per the prosecution case, the Applicant and Co-accused assaulted the First Informant and other injured with an Iron rod. 4.

Ms. Ugalmugle, learned Counsel appearing for the Applicant

submits that Applicant's name has not been mentioned in the said FIR and for the first time his name is mentioned in the supplementary statement of Rahul Siddharth Gaikwad, recorded on 28th April, 2024. She submits that the Applicant is not involved in the crime. She submits that there are no other antecedents. She submits that Co-accused Shri Samadhan Bhausaheb Barde having same role, has been released on anticipatory bail by a Ld. Single Judge, by order dated 9th August, 2023 passed in Anticipatory Bail Application No.2008 of 2022. She submits that the Charge-sheet is already filed and therefore, investigation is completed.

5.

On the other hand, Ms. Yadav, learned APP, strongly opposes the Anticipatory Bail Application. She submits that as per the said statement dated 28th April, 2022 of Rahul Siddharth Gaikwad, the present applicant has assaulted him with an iron rod. Learned APP submits that the offence is very serious.

6.

Perusal of the injury certificate of injured shows that the injuries are simple in nature. In any case, admittedly, the Charge-sheet is filed and the investigation is completed. Thus, the custodial interrogation is not necessary. There are no other antecedents. 7.

Accordingly, by imposing conditions, case is made out for grant of Anticipatory Bail.

8.

In view thereof, following order is passed :-

O R D E R

i) In the event of arrest of the Applicant - Vishal Pramod Nikale in connection with C.R. No.102 of 2024 registered with the Pimpalgaon Police Station, District-Nashik, be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

ii) The Applicant shall attend the Pimpalgaon Police Station, as and when called and shall cooperate with the investigation. 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.

9.

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