Bharat Anna Dhotre And ORS v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3475 OF 2025

1. Mr. Bharat Anna Dhotre

2. Mr. Sambhaji Tanaji Dhotre

3. Mr. Animesh Sambhaji Dhotre ...Applicants

Versus

State of Maharashtra

...Respondent

Mr. Aamir Nawab Malik, Advocate for Applicants. Ms. S.M. Yadav, APP for the State.

API, Mr. Shankar Raut, Indapur Police Station, Pune present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

17th December 2025 P.C.:

1.

Heard Mr. Malik, learned Counsel appearing for the Applicants 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 Applicants are seeking pre-arrest bail in connection with C.R. No.1054 of 2024 registered with Indapur Police Station, Pune Rural, for the offences punishable under Sections 75, 119(1), 115(2), 118(1), 189(2), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

The prosecution case is set out in paragraph No.2 of the Order dated 10th September 2025 passed by the learned Additional Sessions Judge, Indapur, District-Pune in Criminal Bail Application No. 244 of 2025. The said paragraph-2 reads as under : "2.

That on 21/12/2024, informant lady lodged the FIR with Indapur Police Station alleging that on 20/12/2024, around 06.00 pm, her son Ajit had gone to feed the pigs. Around 7.00 pm, nine persons came there by three motorcycles and started to make enquiry about the whereabouts of Ajit & Dattatraya. They also started to abuse her. On the instigation of associate Amrish, accused Balaji dragged her out of the house by holding her hair and started to beat her. He also snatched her golden mangalsutra. Associate Animera hit a stone on the back and right leg of her father-in-law. Meanwhile, Ajit came there, who was abused and beaten by Amrish, Sambhaji, Bharat & Pappu and accused Vishnu, Nitin, Sahil, Similarly, Amrish inserted his hand in her blouse and torn the same and thereby her modesty was affected. Making such allegations, she lodged the FIR and accordingly crime as above came to be registered. During the course of investigation, all the accused persons came to be arrested on 18.07.2025 and at present they are in judicial custody."

4.

It is the submission of Mr. Malik, learned Counsel for the Applicants that even as per the prosecution case, the only role

which has been attributed to the Applicant No. 3 - Animesh Dhotre (Accused No.8) is that he has assaulted father-in-law of the First Informant by stone and the role attributed to the Applicant No.1 - Bharat Dhotre (Accused No.6) and Applicant No. 2- Sambhaji Dhotre (Accused No.5) is that they have assaulted the son of the First Informant by fists and kicks. He submits that the injury certificates of the First Informant and of other injured clearly show that the injured has not suffered any injuries. He submits that the Applicants have no antecedents. There are total 9 Accused, out of which 4 Accused have been arrested and granted bail. The Chargesheet is already been filed against them. 5.

Ms. Yadav, learned APP strongly opposes the Anticipatory Bail Application. She submits that the Applicant is involved in the crime and therefore the Anticipatory Bail Application be rejected. 6.

Perusal of record shows that the only role attributed to the present Applicants is assault by stone and fists and kicks.The injury certificates show that the injured have not suffered any injuries. As the Charge-sheet is filed against the Accused who have been arrested, it is clear that the investigation is almost completed, even

as far as the present Applicants are concerned. There are no antecedents.

7.

Accordingly, by imposing conditions, the Anticipatory Bail Application can be granted. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicants -1) Mr. Bharat Anna Dhotre, 2) Mr. Sambhaji Tanaji Dhotre and 3) Mr. Animesh Sambhaji Dhotre be released on bail in C.R. No.1054 of 2024 registered with Indapur Police Station, Pune Rural, on executing P.R. bonds of Rs.25,000/- each and furnishing one or two sureties in the like amount.

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

(iv) 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.

(v) 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 allowed and disposed of accordingly.

BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.12.18 14:59:15 +0530