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Bombay High CourtABA/3110/2025allowed

Ramdhani Shyambihari Yadav And ORS v. State Of Maharashtra

2025-11-13Hon'Ble Shri Justice N. R. Borkar4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3110 OF 2025

1. Ramdhani Shyambihari Yadav

2. Ramsanjivan Shyambihari Yadav

3. Sonu Shyambihari Yadav

4. Ramjug Shyambihari Yadav ...Applicants V/s.

The State of Maharashtra

...Respondent

Mr. Anand Pande a/w Mr. Shailesh Rai, Advocate for the Applicants. Mr. V. N. Sagare, APP for the Respondent/State. Adv. Kishor Lawte a/w Adv. Priya M., i/b Adv. Tripathi a/w Adv. Sanjay Shukla, for Original informant.

CORAM

:

N.R. BORKAR, J.

DATE :

13.11.2025.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicants are apprehending their arrest in Crime No. 1356 of 2025 registered at Oshiwara Police Station, for the offences punishable under Sections 115(2), 118(1), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The parties are adjacent shop owners. There is a dispute between them in relation to open space adjacent to their 1/4

shops. According to the prosecution, on the date of incident, which took place on 17.10.2025, dispute arose between the parties and during the said dispute, the present applicants assaulted the first informant and other injured witnesses with knife and stick. 4.

I have heard the learned counsel for the applicants, the learned APP for the respondent-State and the learned counsel for the first informant.

5.

The learned counsel for the applicants submits that there is a cross FIR in relation to the incident for the offences punishable under Sections 115(2), 118(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023. It is submitted that the applicants, without prejudice to their rights and contentions, are willing to pay Rs.10,000/- to the injured Jogesh Singh. It is submitted that the applicants are ready and willing to co-operate in the investigation. 6.

On the other hand, the learned APP for the respondentState and the learned counsel for the first informant submit that the applicant No.1 assaulted the first informant by knife. It is submitted that the applicant Nos. 1 and 2 are involved in one more crime. It is further submitted that custodial interrogation of 2/4

the applicants is necessary to recover the knife and the bamboo stick. It is submitted that considering the nature of crime the applicants may not be released on anticipatory bail. 7.

Admittedly, there is a cross FIR in relation to the alleged incident. I have perused the injury certificate. The injuries are simple in nature. Considering the overall facts and circumstances, I am inclined to release the applicants on anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicants in connection with Crime No. 1356 of 2025 registered at Oshiwara Police Station, for the offences punishable under Sections 115(2), 118(1), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicants be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- each with one or two sureties in the like amount.

c) The applicants shall attend the concerned 3/4

police station as and when called by the investigating officer and shall co-operate in the investigation.

d) The applicants shall hand over a demand draft of Rs.10,000/- to the investigating officer within a period of three weeks, who in turn shall hand over the said demand draft to the injured, Jogesh Singh.

e) The applicant Nos. 1 to 3 shall not visit their shop till conclusion of the trial.

f) The application is disposed of in the aforesaid terms.

[N.R.BORKAR, J.] 4/4