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Bombay High CourtABA/3460/2025allowed

Ritesh Sanjay Pachundkar v. State Of Maharashtra

2025-12-16Hon'Ble Shri Justice Madhav J. Jamdar5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3460 OF 2025 Ritesh Sanjay Pachundkar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Lakshyaved R. Odhekar a/w. Mr. Omkar N. Mhasde, Mr. Sayed Nabeel Ali and Ms. Nidh Thakur, for the Applicant. Ms. S. K. Gajre, APP, for the Respondent-State. Mr. G. B. Yele, ASI, attached to Ranjangaon MIDC Police Station, Pune Rural, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

16th DECEMBER 2025 PC:- 1.

Heard Mr. Odhekar, learned Counsel appearing for the Applicant and Ms. Gajre, 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.328 of 2025 registered with Ranjangaon MIDC Police Station, Pune Rural, Pune, for the offences punishable under Sections 118(2), 189(2), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023.

3.

As per the prosecution case, the incident in question took place on 11th September 2025 on account of parking near Ice Cream Stall. The Applicant is accused No.1. There are total five accused. As per the prosecution case, when the Applicant and the co-accused asked the First Informant to remove the two-wheeler parked near the Ice Cream Stall, he told them that he would remove the same after purchasing the ice cream and some altercations took place between the First Informant and accused and the accused assaulted the First Informant with wooden stool, wooden stick and bracelet. As per the prosecution case, the injuries are grievous and caused on the head of the First Informant.

4.

It is the submission of Mr. Odhekar, learned Counsel appearing for the Applicant that the incident in question has taken place suddenly on a spur of moment due to dispute regarding parking. He submits that there was no pre-planning to commit the crime. He submits that there are no antecedents. He further submits that the co-accused Akshay Suryakant Chilwant has been granted regular bail by order dated 19th November 2025 passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.6939 of 2025. He submits that the First Informant was discharged from the hospital on the next day and steel bracelet

and wooden stool have already been seized from the spot. He therefore, submits that the pre-arrest bail be granted. 5.

Ms. Gajre, learned APP appearing for the Respondent-State submits that the offence is very serious and the injuries are grievous in nature and on the vital part i.e. head of the injured. She therefore, submits that the Anticipatory Bail Application be rejected. 6.

Perusal of the record shows that the incident in question has taken place on a spur of moment, as there was some dispute regarding parking of two-wheeler opposite Ice Cream Stall. In the incident in question the assault is by wooden stick and wooden stool and by bracelet. Thus, it is clear that there was no pre-planning and the incident has happened on a spur of moment, in which the First Informant has been discharged from the hospital on the next day. There are no antecedents against the Applicant. 7.

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

O R D E R

(a) In the event of arrest of the Applicant-Ritesh Sanjay Pachundar in connection with C.R. No.328 of 2025 registered with the Ranjangaon MIDC Police Station, Pune Rural, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.35,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the Ranjangaon MIDC Police Station, Pune Rural, Pune, on 22nd December 2025 and 23rd December 2025 between 11:00 a.m. to 02:00 p.m. and shall co-operate with the investigation. In addition, the Applicant shall attend the concerned Police Station as and when called by the Investigating Officer.

(c) 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. (d) 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.

(e) 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 disposed of accordingly. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.12.17 16:23:55 +0530 SONALI MILIND PATIL