Pretendra Abasahen Jachaka v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3141 OF 2025 Pretendra Abasaheb Jachak ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Abhijit P. Kulkarni i/b. Mr. Gourav Shahane and Ms. Sweta Shah, for the Applicant.

Ms. S. K. Gajre, APP, for the Respondent-State. Mr. Nitin H. Sejpal a/w. Ms. Pooja N. Sejpal, Mr. Sahir Patel, Mr. Ashwin Bhagwat, for the Respondent No.2.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

21st NOVEMBER 2025 PC:- 1.

Heard Mr. Kulkarni, learned Counsel appearing for the Applicant and Ms. Gajre, learned APP appearing for the Respondent No.1-State and Mr. Sejpal, learned Counsel appearing for the Respondent No.2.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.386 of 2025 registered with Baramati Police Station, Pune Rural, Pune, for the offences punishable under

Sections 115(2), 118(1), 118(2), 324(2), 324(4), 351 and 352 of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is set out in paragraph No.2 of the order dated 11th November 2025 passed by the learned Additional Sessions Judge, Baramati, Dist. Pune in Criminal Bail Application No.795 of 2025, which reads as under:

"2. The allegations in the FIR are summarized as under:

On 26/09/2025 at about 6.45 am informant and his mother had gone for pouring water on their new construction, at that time applicant/accused came there, started uttering abuses on the ground that why he has constructed compound wall in his boundary. He was using criminal force and violence against the informant. He pelted stones on informant due to which he sustained injury on left foot claw. Informant fell down on the ground, on which accused picked up wooden stick and assaulted informant. When mother of informant came to rescue, accused pushed her and assaulted informant. Thereafter, on hearing shouting the witnesses were reached to the spot and rescued informant. Even thereafter, the accused hurrled abuses, gave threats. Thereafter, cousin of informant took him to Salunkhe Hospital, however doctor in said hospital was not available, therefore he was taken to police station and police referred him for his medical examination and treatment. On medical examination it is found that two fingers of left leg of informant have been fractured and he also

sustained other injuries on his person. Accordingly, informant lodged report, on that basis above referred crime has been registered against the accused. "

4.

It is the submission of Mr. Kulkarni, learned Counsel appearing for the Applicant that there is cross FIR. There are injuries even on the Applicant. He submits that there are no antecedents against the Applicant. Therefore, he submits that the pre-arrest bail be granted.

5.

On the other hand, Ms. Gajre, learned APP appearing for the Respondent No.1-State and Mr. Sejpal, learned Counsel appearing for the Respondent No.2 strongly oppose the Anticipatory Bail Application.

6.

Perusal of the record shows that the Applicant and the First Informant are neighbours and there is boundary dispute. There are no antecedents against the Applicant.

7.

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-Pretendra Abasaheb Jachak in connection with C.R. No.386 of 2025 registered with the Baramati Police Station, Pune Rural, Pune, the Applicant is directed to 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.

(b) The Applicant shall attend the Baramati Police Station, Pune Rural, Pune, on every Sunday between 11:00 a.m. to 01:00 p.m. till filing of the chargesheet and shall cooperate with the investigation. In addition, the Applicant shall attend the concerned Police Station as and when called.

(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.

(f) The Applicant shall not leave India without prior permission of the Court.

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.11.24 10:41:24 +0530 SONALI MILIND PATIL