Amar Dattatraya Bhise v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3311 OF 2025 Amar Dattatraya Bhise ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Ekta Patil i/b. Mr. Prashant Hagare, for the Applicant. Mr. A. R. Metkari, APP, for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

2nd DECEMBER 2025 PC:- 1.

Heard Ms. Ekta Patil, learned Counsel appearing for the Applicant and Mr. Metkari, learned APP appearing for the Respondent-State.

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.236 of 2025 registered with Baramati Police Station, District- Pune, for the offences punishable under Sections 115(2), 118(2), 189(2), 190, 191(2), 191(3), 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is set out in paragraph No.2 of the order dated 14th August 2025 passed by the learned Additional Sessions

Judge, Baramati, District- Pune in Criminal Bail Application No.564 of 2025, which reads as under:

"2. In short the prosecution case as per FIR is that, on 16/06/2025 at about 6.00 AM informant and his family members were present at his house. Amar Dattatray Bhise (Accused No.1) and his family members are residing in neighbouring house of the informant and there are disputes between these two families on account of plot. On fateful day accused No.1 Amar Dattatray Bhise came in front of the house of informant and gave call to Nitin son of Informant, on which he gone outside his house. Accused No.1 asked him to remove the vehicle parked in front of his door, on which Nitin told that, after his brother namely Dada awaken from the sleep, he will tell his brother for removing the vehicle. At that time Lalasaheb Hanumant Bhise (accused No.2), Dattatray Dnyandev Bhise (accused No.3) came there, holding pipe, stick in their hands. Accused No.

1 was holding scythe in his hand they started uttering abuses and assaulting Nitin. Dada another son of informant came there and asked what happened, on which accused No.3 Dattatray assaulted Nitin on his head by means of stick, accused No.1 Amar Bhise assaulted informant by scythe on his head and above left ear and caused injuries. Dada came to rescue on which accused No. 1 and 3 assaulted him by means of stick and pipe. By hearing noise other accused Rekha Bhise, Tanaji Bhise, Ranjana Bhise, Sarika Bhise, Suman Bhise reached there and assaulted informant and his both sons by means of fist and kicks blows. They gave threats. Again accused No. 1 to 3 inflicted blow of tiles on head of Dada the son of informant. Then informant and his both sons were admitted in Government Medical College and Hospital at Baramati.

Police recorded statement of informant and registered FIR No. 236/2025 for the offences referred above."

4.

It is the submission of Ms. Ekta Patil, learned Counsel appearing for the Applicant that there is dispute concerning the area adjoining the house of the Applicant's family and the First Informant's family. She submits that there is a cross FIR lodged against the first Informant and family memebers concerning the same incident. The Applicant's grandmother has registered C.R. No.235 of 2025 at Baramati Police Station, Pune for the offence punishable under Sections 115(2), 118(2), 189(2), 190, 191(2), 191(3), 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023. She submits that the said FIR was registered on 16th June 2025 at 21:18 hours and the subject FIR i.e. C.R. No.236 of 2025 has been registered on 16th June 2025 at 22:38 hours. Thus, the subject FIR lodged is subsequently filed. She submits that there are total 8 accused i.e.

family members of the Applicant. The accused Nos.2, 3 and 5 are granted regular bail and accused Nos.4, 6, 7 and 8 are granted pre-arrest bail. The Applicant is accused No.1. She submits that the Applicant was also injured in the incident and therefore, cross FIR has been filed.

5.

Mr. Metkari, learned APP strongly opposes the Anticipatory Bail Application. He submits that the Applicant has played major role in the crime and therefore, the Anticipatory Bail Application be rejected.

6.

Perusal of the record shows that admittedly, there are cross FIRs. The FIR bearing C.R. No.235 of 2025 has been registered by the Applicant's grandmother about one hour earlier and thereafter the subject FIR has been lodged. The Applicant is also injured in the crime.

7.

Ms. Ekta Patil, learned Counsel submits that there are no other antecedents against the Applicant.

8.

Accordingly, although the case is made out for grant of prearrest bail, however, as the Applicant and the First Informant are neighbours, Ms. Ekta Patil, learned Counsel appearing for the Applicant, on instructions of the Applicant, submits that till the filing of the charge-sheet, the Applicant will stay outside Taluka Baramati and that the Applicant will stay with his relative Mr. Appaso Lala Khandagale, at Indapur, Tal. Indapur, Dist. Pune and that the Applicant will attend the Indapur Police Station, Tal. Indapur, Dist. Pune.

9.

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-Amar Dattatraya Bhise in connection with C.R. No.236 of 2025 registered with the Baramati Police Station, District-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 on 8th December 2025 and 9th December 2025 between 11:00 a.m. to 01:00 p.m. and shall cooperate with the investigation.

(c) The Applicant shall not enter Taluka-Baramati, District-Pune, except for reporting to the Investigating Officer.

(d) The Applicant shall attend the Indapur Police Station, Tal. Indapur, Dist. Pune on every Sunday between 11:00 a.m. to 01:00 p.m. till filing of the chargesheet. The Police Inspector of Indapur Police Station, Tal. Indapur, Dist. Pune to communicate details thereof 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.

10.

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

2025.12.04 10:08:51 +0530 SONALI MILIND PATIL