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Bombay High CourtABA/3130/2025disposed off

Anil Vitthal Mhetre v. State Of Maharashtra

2025-11-14Hon'Ble Shri Justice Madhav J. Jamdar4 pages

DGP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3130 OF 2025 Mr. Anil Vitthal Mhetre ...Applicant

Versus

The State of Maharashtra

...Respondent

_______________________________________________________________ Mr. Ranjeet M. Pawar, Advocate for the Applicant. [Ms. R.V. Newton, APP for Respondent / State. PSI, Akshay More, attached to Yawat Police Station, Pune present. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 14 NOVEMBER 2025 P.C.:

1.

Heard Mr. Pawar, learned Counsel appearing for the Applicant and Ms. Newton, learned APP for the State.

2.

The Applicant is seeking pre-arrest bail in this Application filed under Section 482 of the Bharatiya Nagrik Surksha Sanhita, 2023, in connection with C.R. No.890 of 2025 registered on 16th October, 2025 with Yavat Police Station, Pune Rural under Sections 110, 118 (2), 281, 352, 351(2), 351(3) of the Bhartiya Nyaya Sanhita, 2023 ("BNS"). 3.

The prosecution case is set out in Paragraph No. 3 of order dated 10th November, 2025 passed by the learned Additional Sessions Judge,

Baramati in Criminal Bail Application No.836 of 2025. The said paragraph No.3 reads as under:

"3.It is the case of prosecution that on dt. 13/10/2025 at about 11.30 the applicant/accused abused the informant and his wife by saying that as to why they had kept the disc arrow tool and told them to remove the same therefrom. After some time, he again came with driving a tractor, started pulling said disc arrow implement and also came on the person of informant with a tractor. However, the informant succeed to save himself but the rear wheel of the tractor went from his right toe, seriously injuring three toes and one of them was broken on the spot. Thereafter also, by threatening to the informant, the applicant/accused left the spot. Hence, informant Yogesh lodged report about the said incident with Yavat Police Station on dt.16/10/2025."

4.

It is the submission of Mr. Pawar, learned Counsel appearing for the Applicant that the First Informant is a nephew of the Applicant. The incident in question has taken place in spur of the movement. There are no other antecedents. He submits that the Applicant is ready to co-operate with the investigation and the Applicant will not indulge in any criminal activity. 5.

On the other hand, Ms. Newton, learned APP strongly opposes the Application. She submits that as the Applicant and First Informant are related to each other, there is likelihood of commission of another offence.

6.

Perusal of the record shows that prima facie there is substance in the contention raised by learned Counsel appearing for the Applicant that the incident in question has taken place in spur of the movement. There are no antecedents. 7.

Accordingly, by imposing conditions Anticipatory Bail Application can be granted. In view thereof, the following Order is passed:

O R D E R

a) In the event of arrest of the Applicant -Mr. Anil Vitthal Mhetre, in connection with CR No.890 of 2025 registered on 16th October, 2025 with Yavat Police Station, Pune Rural, he be released on bail on furnishing PR Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount. b) The Applicant shall attend the concerned Police Station on 19th November, 2025 and 20th November, 2025, between 11:00 am to 02:00 pm and thereafter once in a week i.e. on each Sunday between 11:00 am to 02:00 pm till the filing of the charge-sheet. c) 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.

d) 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. e) 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 disposed of accordingly. [MADHAV J. JAMDAR, J.] by DATTAPRASAD GHANSHYAM PARAB Date:

2025.11.15 14:54:25 +0530 DATTAPRASAD GHANSHYAM PARAB