Dushyant Kesharinandan Mishra v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3407 OF 2025 Dushyant Kesharinandan Mishra ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Hitesh Jain, Alok Pandey, Sunil Singh for the Applicant. Mr. B. V. Holambe Patil, APP for the Respondent-State. API Raviraj J., Kurar PS is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

11TH DECEMBER 2025 P.C. :

1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.818 pf 2025 registered with Kurar Police Station for the offences punishable under Sections 115(2), 352, 333, 3(5), 324(4), 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

According to the prosecution, on the date of incident, which took place on 16th October 2025, the present Applicant along with other coaccused under the influence of liquor came to the house of the first informant and threatened to kill him. It is alleged that they abused and assaulted the first informant by fist and kick blows. There are allegations of causing damage to the household articles of the first informant. 4.

I have heard Learned Counsel for the Applicant and Learned APP for

2 916-ABA 3407-25.doc the Respondent-State.

5.

Learned Counsel for the Applicant submits that with some ulterior motive the false allegations are made against the Applicant. It is submitted that nothing is to be recovered from the Applicant and therefore there is no need of custodial interrogation. It is submitted that there are no other criminal antecedents against the present Applicant. 6.

On the other hand, Learned APP for the Respondent-State submits that specific overt act is attributed to the present Applicant in the FIR. It is submitted that considering the nature of crime, the Applicant may not be released on anticipatory bail.

7.

I have perused the FIR. Prima-facie, the allegations appears to be exagarated. There are no other criminal antecedents against the present Applicant. Considering the overall facts and circumstances of the case, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.818 pf 2025 registered with Kurar Police Station for the offences punishable under Sections 115(2), 352, 333, 3(5), 324(4), 351(2) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

iii. The Applicant shall attend the concerned Police Station as and when called for by the investigating officer and shall co-

3 916-ABA 3407-25.doc operate in the investigation.

8.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)