Sanket Satish Patil v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3270 OF 2025 Sanket Satish Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Chetan S. Damre a/w. Mr. Omkar S. Banbe, for the Applicant. Ms. Geeta P. Mulekar, APP, for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

27th NOVEMBER 2025 PC:- 1.

Heard Mr. Chetan Damre, learned Counsel appearing for the Applicant and Ms. Mulekar, learned APP appearing for the Respondent-State.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the Applicant i.e. accused No.1 seeking pre-arrest bail in connection with C.R. No.300 of 2025 registered with Yeola City Police Station, Yeola, Nashik, for the offences punishable under Sections 49, 115(2), 118(2), 126(2), 190, 191(2), 191(3), 324(4), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 4 and 25 of the Arms Act, 1959.

3.

As per the prosecution case, 16 accused named in the FIR and 5 to 6 unknown accused persons assaulted the First Informant. As per the Injury Certificate, the First Informant suffered fracture and he was hospitalized for about 7 days. The cause of the said assault is rivalry in travel business.

4.

It is the submission of Mr. Damre, learned Counsel appearing for the Applicant that the only role attributed to the Applicant is that he was present on the spot and he was holding sword. However, even as per the prosecution case, the Applicant has not used the said weapon and has not assaulted the injured i.e. the First Informant. He submits that the accused No.2- Ganesh Mali in subject C.R. No.300 of 2025 had lodged C.R. No.375 of 2025 with the Yeola Taluka Police Station, Nashik Rural, Nashik under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribe Atrocities Prohibition Act 1989 and Sections 118(1), 115(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the First Informant. It is the submission of the learned Counsel that as a counterblast, the subject C.R. is lodged belatedly on 21st September 2025. He submits that although there are four antecedents, in one case,

settlement has been arrived at between the First Informant and the Applicant and Writ Petition for quashing the said FIR has been filed. He further submits that as far as another C.R. is concerned, according to his information, 'B' Summary Report has already been filed. He submits that other two offences are of the year 2022 and the Applicant has been granted anticipatory bail in those two cases.

5.

Learned Counsel appearing for the Applicant submits that the Applicant will reside outside Taluka Yeola, Dist. Nashik till the filing of the chargesheet and that the Applicant will reside at Flat No.7, Sunnanda Heights, B-Wing, Kathe Galli, Dwarka, Nashik 422 001.

6.

On the other hand, Ms. Mulekar, learned APP strongly opposes the Anticipatory Bail Application. She submits that the Applicant was present at the spot and he was having sword therefore, the Applicant is involved in the crime. The crime is very serious where the First Informant has been assaulted and he suffered fracture and he was in the hospital for 7 days. She submits that the FIR has been lodged belatedly as the Applicant was in the

hospital for 7 days. She submits that as there are four antecedents, the Anticipatory Bail Application be dismissed. 7.

Perusal of the record shows that the motive for the crime is rivalry in travel business. Even as per the prosecution case, the Applicant has not actually assaulted the First Informant and he was present at the spot along with other about 20 accused and he was holding sword. Even as per the prosecution case, the Applicant has not assaulted the First Informant. There is delay of about 6 days in lodging the FIR. Although there are antecedents, the two antecedents are of the year 2022 and the Applicant has been granted bail. As far as other two antecedents which are of the year 2025 are concerned, in one case, 'B' Summary Report is filed and in another case, Writ Petition has been lodged in this Court before the Division Bench praying quashing of the said C.R. No.294 of 2025 registered with the Yeola City Police Station, Yeola, Nashik, by consent.

8.

Thus, in the facts and circumstances, the custodial interrogation of the Applicant is not necessary. However, the Applicant was holding sword in his hand and as there are

antecedents against the Applicant stringent conditions are required to be imposed. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Sanket Satish Patil in connection with C.R. No.300 of 2025 registered with the Yeola City Police Station, Yeola, Nashik, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the Yeola City Police Station, Yeola, Dist. Nashik 4th December 2025 and 5th December 2025 between 11:00 a.m. to 02:00 p.m. and shall cooperate with the investigation.

(c) The Applicant shall not enter Taluka Yeola, Dist. Nashik till filing of the chargesheet except on 4th December 2025 and 5th December 2025 and as and when called by the Investigating Officer.

(d) The Applicant shall attend the Upnagar Police Station, Nashik on every Sunday between 11:00 a.m. to 01:00 p.m. till filing of the chargesheet. The Police Insepctor

of the Upnagar Police Station, Nashik shall inform about the same to the Investigating Officer.

(e) 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.

(f) 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.

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

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

9.

The Anticipatory Bail Application is disposed of accordingly. Digitally signed by SONALI MILIND PATIL Date:

2025.11.29 13:08:57 +0530 [MADHAV J. JAMDAR, J.] SONALI MILIND PATIL