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Bombay High CourtABA/3453/2025allowed

Danish Adil Khan Allies Danish Duggi v. The State Of Maharashtra

2025-12-22Hon'Ble Shri Justice Madhav J. Jamdar5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3453 OF 2025 Danish Adil Khan Allies Danish Duggi ...Applicant

Versus

State of Maharashtra

...Respondent

BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2025.12.22 19:55:01 +0530 Mr. Ramesh Dube-Patil a/w Lisa Das, Ankit Patil i/by Ankit Patil, for Applicant.

Ms. S.M. Yadav, APP for the State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

22nd December 2025 P.C.:

1.

Heard Mr. Dube-Patil, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP for the State. 2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with C.R. No.142 of 2025 registered with Pawarwadi Police Station, Nashik Rural, for the offences punishable under Sections 118(2), 189(2), 189(4), 190, 191(2), 191(3), of the Bharatiya Nyaya Sanhita, 2023 ("BNS"). 3.

As per the prosecution case on 8th June 2025 at about 9.30 p.m., while the First Informant alongwith two others were in auto

rickshaw, Accused reached there and assaulted the First Informant alongwith his friends. As per the prosecution case, the role which has been attributed to the present Applicant is that by sharp weapon, the injured has been assaulted on his head. 4.

It is the submission of Mr. Dube-Patil, learned Counsel for the Applicant that there are total 5 accused, out of which 3 have been arrested and Accused No.1 has been released on regular bail. He submits that there are no antecedents. He further submits that the Applicant is a businessman having businesses at Malegaon, Pune and Goa. The Applicant is looking after Goa Branch. He submits that the First Informant is habitual offender having atleast 12 criminal cases and MCOC has been invoked against him. He submits that he is part of Cammando Gang operating in Malegaon. He submits that the First Informant is in extortion activities and therefore false F.I.R. has been registered against the Applicant. He submits that the Charge-sheet is already filed against the Accused who have been arrested and therefore Anticipatory Bail Application be granted.

5.

On the other hand, Ms. Yadav, learned APP strongly opposes the Application. She submits that by sharp weapon, the Applicant

has assaulted the injured on very vital part of his body i.e. head. She points out injury certificate from pages 87 to 91 and submits that the injured has received injuries on the vital part of the body. 6.

Perusal of record shows that as per the F.I.R., the role of Accused No.1, present Applicant i.e. Accused No.3 and Accused No.5 is the same. Accused Nos.1, 2 and 3 have already been arrested and Accused No.1 has been released on regular bail. As the Charge-sheet is filed against the arrested Accused, it is clear that the investigation has been substantially completed. There are no antecedents against the Applicant.

7.

As far as the First Informant is concerned, admittedly he is habitual offender and atleast 12 cases are registered against him and MCOC has been invoked against him. Accordingly, in the facts and circumstances and as the learned Counsel for the Applicant has submitted that the Applicant will co-operate with the investigation, the case is made out for grant of anticipatory bail to the Applicant by imposing certain conditions. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Danish Adil Khan Allies Danish Duggi be released on bail in C.R. No.142 of 2025 registered with Pawarwadi Police Station, Nashik Rural, on executing P.R. bond of Rs.1,00,000/- and furnishing one or two solvent sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station as and when called by the Police and shall cooperate with the investigation. (iii) 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.

(iv) 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.

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

(vi) The Applicant 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 allowed and disposed of accordingly.

(MADHAV J. JAMDAR, J.)