← Library
Bombay High CourtABA/3154/2025disposed off

Keshav Kacheshwar Paithankar v. State Of Maharashtra

2025-11-18Hon'Ble Shri Justice Madhav J. Jamdar5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3154 OF 2025 Keshav Kacheshwar Paithankar ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Pratibha Shelke i/by Mr. Devidas G. Bhoir, Advocate for Applicant.

Ms. G.P. Mulekar, APP for the State.

HC, Mr. Bhavlal Eknath Hembade, Yeola Taluka Police Station, Nashik Rural, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

18th November 2025 P.C.:

1.

Heard Ms. Shelke, learned Counsel appearing for the Applicant and Ms. Mulekar, learned APP for the State. 2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with C.R. No.387 of 2025 registered with Yeola Police Station, Nashik Rural, for the offences punishable under Sections 118(1), 115(2), 352, 351(2), and 351(3) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

The case of the prosecution is set out in paragraph No.2 of the Order dated 7th October 2025 passed by the learned Additional Sessions Judge, Yeola in Criminal Bail Application No.197 of 2025. The said paragraph No.2 reads as under :

"2. It is alleged by the complainant/informant Arun Rakhmaji Dhanwate that on 19.09.2025, at about 3.30 p.m., he had been to Ration Shop, at that time applicant came there and asking for food grains which is excess from the limit of his ration card, but when informant refused to give excess food grains, at that time applicant got angry and started to abuse the informant. In the incident accused assaulted informant by slap and when informant came out of the shop, at that time applicant assaulted him by iron rod on head. Applicant got serious injury on wrist and leg joint in the said incident. Applicant shouted loudly, by hearing the noise, witnesses Swapnil Parasram Paithankar, Sharad Rakhmaji Dhanwate and Ashok Murlidhar Jadhav came their and separated the quarrel. Accused/applicant gave threat to kill the informant. Hence, informant approached to Yeola Taluka Police Station and lodged the report. On that basis crime No. 387/2025 registered against applicant and others."

4.

Ms. Shelke, learned Counsel for the Applicant submits that the Applicant is not involved in the crime and the injuries are not

grievous. She submits that that there is one antecedent and the Applicant has been released on bail.

5.

On the other hand, Ms. Mulekar, learned APP submits that the crime is very serious and the custodial interrogation is necessary as the weapon is required to be recovered. She therefore submits that the Application be rejected.

6.

Ms. Shelke, learned Counsel for the Applicant submits that the Applicant has co-operated with the investigation and he will stay outside Taluka-Yeola, till filing of the Charge-sheet i.e. at the house of his maternal uncle - Navnath Mandlik, Ozar Mig Dikshi, Banganga Nagar, Ozar, Nashik - 422 206.

7.

Perusal of record shows that the incident in question took place on the spur of moment. Although there is antecedent, the same is of the year 2022 and the Applicant has been released on bail.

8.

Accordingly, by imposing conditions, anticipatory bail can be granted to the Applicant. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant- Keshav Kacheshwar Paithankar be released on bail in C.R. No.387 of 2025 registered with Yeola Police Station, Nashik Rural, on executing P.R. bond of Rs.25,000/- and furnishing one or two sureties in the like amount. (ii) The Applicant shall attend Yeola Police Station on 27th November 2025, and 28th November 2025 between 11.00 a.m. to 2.00 p.m. and thereafter as and when called by the Investigating Officer and shall co-operate with the investigation.

(iii) The Applicant shall not enter the limits of Yeola Taluka except for reporting to the Investigating Officer, if called till filing of the Charge-sheet.

(iv) 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.

(v) 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.

(vi) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner.

9.

The Anticipatory Bail Application is allowed and disposed of accordingly.

BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.11.18 19:55:54 +0530