Bhairav Shivaji Pingale v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3218 OF 2025 Bhairu Shivaji Pingale ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Kuldeep Patil i/by Saili Dhuru, Advocate for Applicant. Ms. R.V. Newton, APP for the State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

24st November 2025 P.C.:

1.

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

2.

The Anticipatory Bail Application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), seeking pre-arrest bail in connection with C.R. No.654 of 2025 registered on 6th October 2025 with Shikrapur Police Station, Pune Rural, for the offences punishable under Sections 118(2), 115(2) 352, 351(2) and 351 (3) of the Bharatiya Nyaya Sanhita, 2023 ("BNS") and under Sections 92 (a) and 92 (b) of the Rights of Persons with Disabilities Act, 2016.

3.

As per the prosecution case, earlier F.I.R. has been registered being C.R. No.75 of 2025 on 7th February 2025 with Shikrapur Police Station, Pune Rural under Section 115(2), 352, 351(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023 ("BNS"), and under Sections 92 (a) and 92 (b) of the Rights of Persons with Disabilities Act, 2016 and the Applicant has been granted bail in that case. 4.

It is alleged that as the earlier F.I.R. being No. 75 of 2025 has been filed, First Informant and his grandson, who is specially abled person has been assaulted and therefore the subject F.I.R. has been lodged 5.

It is the submission of Mr. Patil, learned Counsel for the Applicant that the case is false as there is some dispute between the families of the Applicant and the First Informant. He submits that the Applicant will abide by the conditions imposed by this Court.

6.

On the other hand, Ms. Newton, learned APP submits that the offence is very serious as the earlier offence being C.R. No. 75 of 2025 is registered the injured have been assaulted. She points

out the Injury Certificate of the First Informant and also of his grandson, who is specially abled.

7.

Mr. Patil, learned Counsel for the Applicant states that although the Injury Certificate shows that the injuries are simple, thereafter the same has been changed to grievous. 8.

Perusal of record shows that admittedly there is dispute with respect to agricultural land between family of the Applicant and the First Informant. As far as the specially abled child, there are no injuries. However, as the Applicant is involved in the crime, which has been registered immediately after the first crime is registered i.e. after a period of about 8 months, the protection can be granted, by imposing certain stringent conditions. 9.

Mr. Patil, learned Counsel appearing for the Applicant, on instructions, states that the Applicant will not stay in Shikrapur Taluka and will stay at his sister's residence i.e. C/o Suvarna Rohidas Tule, At Post Perane, Taluka Haveli, District-Pune and he will report to the Lonikand Police Station, Taluka Haveli, DistrictPune till filing of the Charge-sheet.

10.

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

O R D E R

(i) In the event of arrest, the Applicant - Bhairu Shivaji Pingale be released on bail in C.R. No.654 of 2025 registered on 6th October 2025 with Shikrapur Police Station, Pune Rural, on executing P.R. bond of Rs.50,000/- and furnishing one or two solvent sureties in the like amount.

(ii) The Applicant shall attend the Shikrapur Police Station, Pune on 1st December 2025 and 2nd December 2025 between 11.00 a.m. to 2.00 p.m. and thereafter as and when called by the Police till filing of the Charge-sheet and shall co-operate with the investigation.

(iii) The Applicant shall not enter Shikrapur Taluka, Pune District till filing of the Charge-sheet subject to Clause (ii).

(iv) The Applicant shall attend the Lonikand Police Station, Taluka Haveli, District-Pune once in 15 days i.e. on first and third Sunday between 11.00 a.m. to 2.00 p.m. till filing of the Charge-sheet. The Police Inspector of Lonikand Police Station shall communicate the details of the same to the Investigating officer.

(v) The Applicant shall attend Shikrapur Police Station, Pune Rural once in 15 days i.e. on first and third Sunday between 11.00 a.m. to 2.00 p.m. after the filing of the Charge-sheet, if any.

(vi) 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.

(vii) 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.

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

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

11.

The Anticipatory Bail Application is allowed and disposed of accordingly.

BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.11.24 21:11:05 +0530