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Bombay High CourtABA/3116/2025disposed off

Vaibhav Raju Khirdi v. State Of Maharashtra And ANR

2025-11-13Hon'Ble Shri Justice Madhav J. Jamdar6 pages

DGP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3116 OF 2025 Vaibhav Raju Khirdi ...Applicant

Versus

The State of Maharashtra

...Respondent

AND ANTICIPATORY BAIL APPLICATION NO.3117 OF 2025 Pranit Rajaram Hanamghar ...Applicant

Versus

The State of Maharashtra

...Respondent

_______________________________________________________________ Mr. Anvay Pawar, a/w. Mr. Jayant Patil, Mr. Ashraf Kazi, h/f. Mr. V.V. Dushing, i/b. Ruben Rao, Advocates for the Applicant. Ms. G.P. Mulekar, APP for the Respondent-State in ABA No.3116 of 2025.

Ms. G.P. Mulekar, APP for the Respondent-State in ABA No.3117 of 2025.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 13 NOVEMBER 2025 P.C.:

1.

Heard, Mr. Dushing, learned Counsel for the Applicants, Ms. Mulekar, learned APP and Mr. Metkari, learned APP for the RespondentState. 2.

The respective Applicants in these Anticipatory Bail Applications are seeking pre-arrest bail by filing these applications under Section 482 of the Bhartiya Nagrik Surksha Sanhita, 2023 ("BNSS") in connection

with C.R. No.388 of 2025 registered with the Chaturshringi Police Station, Pune, for the offences punishable under Section 25 and Section 4 of the Arms Act, 1959, under Sections 135, 37(3) and 37(1) of the Maharashtra Police Act, 1951 and under Sections 115(2), 140(1), 3(5), 351(2) and 352 of the Bharatiya Nyay Sanhita, 2023 ("BNSS"). 3.

This Court by order dated 6th November, 2025 granted Anticipatory Bail to Accused No.4 Vaibhav Hagawane. In paragraph No.3 of the said order prosecution case is set out which reads as under: "2. Prosecution Case :- The incident happened on 24/09/2025 at about 11:00 pm at hotel Tales & Spirit in front of Cloud9 Hospital, Senapati Bapat Road, Pune. At that time while informant Sourabh Balasaheb Kapare and Vaibhav Khirid were sitting there, Vaibhav Khirid called his friend Pranit Hanamghar on phone. At that time Pranit Hanamghar and his brother Sourabh Hanamghar and their another friend came there. Vaibhav Khirid asked informant to come out for two minutes at that time informant and Vaibhav Khirid came out while having the dinner.

Thereafter, Vaibhav Khirid, Sourabh Hanamghar and their friend started assaulting by hands and abusing informant. They all forcibly pushed informant in Toyota Hyrider car on back seat. While they were going Pranit Hanamghar who sitting along with informant on back seat assaulted informant by sharp weapon on his head, face, stomach and leg and demanded to return his money. He also threatened to kill. At that time Vaibhav Khirid and Sourabh Hanamghar were coming on their two wheeler back of the car. Pranit Hanamghar called his friend Vaibhav Hagawane near bridge at Warje football ground. When they all reached at football grounds at 11:30 pm, their friend Vaibhav Hagawane was present there.

the applicants assaulted informant by fist and kick blows, abused him and demanded him to return their money. Thereafter, on 25/09/2025 at about 00:30 hrs they again dropped informant at hotel Tales & Spirit and went away. Thereafter, on 25/09/2025 at about 17:00 hrs informant lodged the FIR."

4.

The Anticipatory Bail Application No.3116 of 2025 is filed by Accused No.3 - Vaibhav Khirdi and Anticipatory Bail Application No.3117 of 2025 is filed by Accused No.2 - Pranit Hanamghar. 5.

It is the main submission of Mr. Anvay Pawar, learned Counsel appearing for the Applicant that in fact the First Informant has borrowed huge amount of Rs.31 lakhs from the Applicant-Pranit Hanamghar and the First Informant was not returning back the said amount. He has thereafter, returned back an amount of Rs.18 lakhs and Rs.16 lakhs was the balance. As far as said Rs.16 lakhs is concerned cheque was given which was dishonored and therefore, a meeting was called only to ask the First Informant, who is close friend of all the accused, when he would be returning back the said amount. Mr. Pawar, learned Counsel submits that all accused have been falsely implicated in the crime and therefore, the Anticipatory Bail be granted. 6.

On the other hand, Ms. Mulekar learned APP and Mr. Metkari learned APP strongly opposes the Anticipatory Bail Applications. Both of them submit that the First Informant has been injured and the injury is

on vital part of the body and that the First Informant was admitted in the hospital for two days. Both of them submit that Applicants have antecedents and therefore, Anticipatory Bail Application be rejected. 7.

Perusal of the record shows that the injuries are of simple in nature. As far as Applicant Pranit Hanamghar is concerned although there are four antecedents they are of the year 2010, 2012, 2013 and 2016. As far as Applicant Vaibhav Khirdi there are two antecedents. However, one antecedent is of the year 2015 and the another antecedent is of the year 2025. Mr. Pawar, Learned Counsel for the Applicants submits that as far as the crime registered in 2025 is concerned the offenses are bailable offence.

8.

This Court by above referred order dated 6th November, 2025 has already granted Anticipatory Bail to the Accused No.4. 9.

Accordingly, 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-Vaibhav Khirdi in ABA No.3116 of 2025 and Applicant-Pranit Hanamghar in ABA No.3117 of 2025 in connection with C.R. No.388 of 2025 registered with the Chaturshringi

Police Station, Pune, the Applicants are directed to be released on bail on their furnishing PR. Bond in the sum of Rs.25,000/- each with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the Chaturshringi Police Station, Pune, on 19th November 2025, 20th November, 2025 and 21st November, 2025 between 11:00 a.m. to 02:00 p.m. and thereafter, the Applicant shall attend the Chaturshringi Police Station, Pune, as and when called by the Investigating Officer till filing of the chargesheet.

(c) The Applicants shall furnish their cell phone number and residential addresses 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.

10.

The Anticipatory Bail Application is disposed accordingly. [MADHAV J. JAMDAR, J.] by DATTAPRASAD GHANSHYAM PARAB Date: 2025.11.15 14:29:37 +0530 DATTAPRASAD GHANSHYAM PARAB