Avinash Sambhaji Bhise v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3144 OF 2025 Avinash Sambhaji Bhise ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Nitin H. Sejpal a/w. Ms. Pooja N. Sejpal, Mr. Sahir Patel, Mr. Ashwin Bhagwat, for the Applicant.

Mr. S. M. Mangaonkar, APP, for the Respondent No.1-State. Mr. Abhijit P. Kulkarni i/b. Mr. Gourav Shahane and Ms. Sweta Shah, for the Respondent No.2.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

21st NOVEMBER 2025 PC:- 1.

At the outset, Mr. Sejpal, learned Counsel appearing for the Applicant submits that in the facts and circumstances, he will implead the First Informant as party Respondent No.2. 2.

Accordingly, leave as sought is granted. Amendment be carried out forthwith. Re-verification is dispensed with. 3.

Mr. Kulkarni, learned Counsel waives service on behalf of the added Respondent No.2.

4.

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

5.

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.

6.

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.792 of 2025, which reads as under:

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

There is a dispute pending before Hon'ble High Court between family of informant and accused in respect of land/plot and interim relief of stay has been granted by the Hon'ble High Court. Even then

on 25/09/2025 accused has started construction of compound in the disputed land. The informant and her son Pretendra asked accused, there is a stay order of Hon'ble High Court, therefore he shall not carry out construction of compound in disputed land, on which accused uttered abuses and told them that they may do what they want and he will continue construction work of wall compound. Report was lodged regarding said incident to Baramati Taluka Police Station, on which N.C. has been registered. "

7.

It is the submission of Mr. Sejpal, 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.

8.

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

9.

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.

10.

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-Avinash Sambhaji Bhise in connection with C.R. No.391 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.

11.

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

2025.11.24 10:53:02 +0530 SONALI MILIND PATIL