Sagar Shankar Shegar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3398 OF 2025 Sagar Shankar Shegar & Anr.

...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Vipul Dushing a/w. Mr. Ashraf Kazi, Mr. Tanmay Kate, Mr. Saurav Tadavi i/b. Mr. Shailesh Kamble, for the Applicants. Mr. S. A. Karmakar, APP, for the Respondent-State. Mr. D. R. Tone, PSI, attached to Wanwadi Police Station, Pune City, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

10th DECEMBER 2025 PC:- 1.

Heard Mr. Dushing, learned Counsel appearing for the Applicants and Mr. Karmakar, 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.398 of 2025 registered with Wanwadi Police Station, Pune City, Pune, for the offences punishable under Sections 25 and 4 of the Arms Act, 1959, Sections 135 and 37(1) of the Maharashtra Police Act, 1951 and Sections 115(2), 118(1), 118(2), 189, 190, 191(2),

191(3), 3(5), 333, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is set out in paragraph No.2 of the order dated 4th November 2025 passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.6935 of 2025, which reads as under:

"2] The case of the prosecution in short, is that, on the count of previous enmity, on 5/10/2025, at about 10.30 a.m., Rahul Shegar, Kishor Shegar, Shatrughna Shegar, Manoj Shegar and Sagar Shegar formed an unlawful assembly in front of the house of the complainant at Gosavi Vasti, Hadapsar, Pune. They abused the complainant and in prosecution of common object of the said unlawful assembly, Rahul Shegar assaulted complainant's father with a wooden stick. When the complainant tried to rescue his father, Rahul Shegar assaulted the complainant with the same wooden stick. Kishor Shegar assaulted the complainant's father on his face with sharp weapon. Shatrughna Shegar assaulted the complainant's father with iron rod and made him fall down and again assaulted the complainant's father on his head with the said iron rod.

When the complainant tried to rescue his father, Rahul Shegar assaulted him with wooden stick on his left hand and head. Swapnil Shegar and Nitin Shegar assaulted the complainant and his father with fists and kicks and with wooden sticks. The complainant's mother and sister were assaulted by Jyoti Shegar, Sangita Shegar and Hirakanbai Shegar and other women with hands. With these allegations, the FIR came to be lodged.

4.

It is the submission of Mr. Dushing, learned Counsel appearing for the Applicants that in the FIR there is no allegation against the present Applicants. He submits that even as per the prosecution case, except presence of the Applicants when the incident has taken place, the Applicants have not played any role in the crime. He submits that the First Informant and the Applicants are close relatives. He submits that therefore, the Anticipatory Bail Application be allowed.

5.

Mr. Karmakar, learned APP appearing for the RespondentState strongly opposes the Anticipatory Bail Application. He submits that the Applicants were present when the incident in question has taken place and they are involved in the crime and therefore, the Anticipatory Bail Application be rejected. 6.

Perusal of the record shows that the First Informant and the present Applicants are close relatives and due to family dispute, the incident has taken place. Even as per the prosecution case, the only role assigned to the Applicants is that they have abused the First Informant and others.

7.

Accordingly, the case is made out for grant of Anticipatory Bail by imposing certain conditions. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant No.1-Sagar Shankar Shegar and the Applicant No.2-Manoj Arjun Shegar in connection with C.R. No.398 of 2025 registered with Wanwadi Police Station, Pune City, Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount.

(b) The Applicants shall attend the Wanwadi Police Station, Pune City, Pune as and when called by the Investigating Officer and shall co-operate with the investigation.

(c) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

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

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]