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Bombay High CourtABA/3519/2025allowed

Aditya @ Bhuvan Dinkar Chinchawade 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.3519 OF 2025 Aditya @ Bhuvan Dinkar Chinchawde ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Ashwin R. Kapadnis, for the Applicant.

Ms. S. M. Yadav, APP, for the Respondent-State. Mr. Kiran Balip, PSI, attached to Chinchwad Police Station, Pune present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

22nd DECEMBER 2025 PC:- 1.

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

By this Application filed under Section 482 of the Bharatiya Nagarik Surakhsha Sanhita, 2023 ("BNSS") the Applicant is seeking pre-arrest bail in connection with C.R. No.518 of 2025 registered on 04th December 2025 with Chinchwad Police Station, Pimpri Chinchwad for the offences punishable under Sections 109, 115(2), 118(2), 281, 352, 324(4), 189(1), 189(2) and 190 of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

The prosecution case is set out in Paragraph No.2 of order dated 16th December 2025 passed by learned Additional Sessions Judge, Pune in Criminal Bail Application No.8447 of 2025, which reads as under :- '2) In brief it is case of prosecution that informant Shubham Dattatray Shinde, Basavraj Helve on 3/12/2025 at about 10.00 p.im. consumed the liquor at the house of Basävraj Hegde and at about 4.00 p.m. the above two persons and Sham Koli were going by four wheeler vehicle no. MH 14 LY 4794 from the road infront of Maratha Darbar hotel at Chinchwad one unknown person came across their vehicle. So Basavraj Helve stopped that vehicle and asked that person whether he can't see the car coming by the road. Thereafter, both these persons quarrelled with each other. In quarrel Helve gave slap to that person.

At that time Aditya Chinchwade, Kartik Ghodke, Shivam Hagawane, Sunil Chinchwade and two unknown persons came there and started to beat them. Aditya Chinchwade picked piece of glass from the road and assaulted on Helve by it on his head but Helve succeed to avoid that assault and it was assaulted on left eyebrow. Sunil Chinchwade picked another piece of glass and assaulted on back side of his head to kill him. When they fell down Kartik Ghodke, Shivam Hagawane bet them by kicks and blows. Somehow they succeed to ran away and were admitted at YCM hospital, Pune. Thereafter, they lodged report to police station on 4/12/2025. On his report abovesaid offence is registered."

4.

It is the submission of Mr. Kapadnis, learned Counsel appearing for the Applicants that there is a cross FIR being CR No.517 of 2025 registered under Section 109, 308(5), 189,

189(1), 189(2), 190, 352, 351(2) of BNS and 3 and 7 of Criminal Amendment Act, 2013 registered with Chinchwad Police Station on 04th December 2025 at 17:39 and the subject FIR has been lodged, subsequently, as a counter blast being CR No.518 of 2025 registered on 4th December 2025 at 21:03 i.e. after about 4 hours. He submits that the allegations against the Applicant is that he assaulted the injured by glass. He submits that the Applicant has been grievously injured and he is still in the hospital. He further submits that the Applicants are not involved in the crime and therefore, Anticipatory Bail Application be granted. 5.

On the other hand, Ms. Yadav, learned APP, strongly opposes the Anticipatory Bail Application. She submits that the offence is very serious. She further submits that the Applicants are involved in the crime and the Applicant has one antecedent. 6.

Perusal of the records shows that the subject FIR being CR No.518 of 2025 is the cross FIR. In said FIR the Accused No.1 is the First Informant in prior F.I.R. being C.R. No.517 of 2025. After the lodging of earlier FIR being C.R. No.517 of 2025, subsequently, after about 4 hours the subject FIR has been filed being CR No.518

of 2025. The Applicant is grievously injured in the incident and still he is in the hospital. Thus, prima facie the subject FIR has been filed as a counter blast to the FIR which has been filed by the Accused No.1. Although, there is one antecedent, the same is arising out of family dispute and for very minor reason. Accordingly, in the facts and circumstances custodial interrogation is not necessary and the case is made out for grant of Anticipatory Bail.

7.

In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant - Aditya @ Bhuvan Dinkar Chinchawde in connection with C.R. No.518 of 2025 registered with Chinchwad Police Station, Pimpri Chinchwad, the Applicant is directed to be released on bail on his furnishing P.R. bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

(b) 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 addresses 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. BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.12.22 18:18:58 +0530