Amar Sandip Shelar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3552 OF 2025 Amar Sandip Shelar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Akshay Vijay Bhalerao, for the Applicant. Mr. S. M. Mangaonkar, APP, for the Respondent-State. Mr. Tukaram D. Rathod, API, attached to Rajgad Police Station, Pune Rural, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

23rd DECEMBER 2025 PC:- 1.

Heard Mr. Bhalerao, learned Counsel appearing for the Applicant and Mr. Mangaonkar, 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.372 of 2025 registered with Rajgad Police Station, Pune Rural, Pune, for the offences punishable under Sections 109, 115(2), 118(1), 118(2), 126(2), 189(1), 189(2), 190, 191(2), 191(3), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is set out in paragraph No.2 of the order dated 15th December 2025 passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.7526 of 2025, which reads as under:

"2. Fact of prosecution case is that, on 15/10/2025 as per the report of Sarthak Valhekar, crime in question is registered, alleging that, prior to 4 days back coaccused Nishikant meet to him at Nav Sahyadri college and insulted to him by showing his finger, 14/10/2025 at about 9.00 a.m. when he was with his friend co-accused Nishikant present there along with co-accused Ganesh Dhadave, Sandi Valhekar and incident of beating caused with him by means of fist and kick blows at the instance of them. Sum and substance of FIR is that, on 14/10/2025 at about 5.00 p.m.

informant himself, his brother in-law Sahil, cousin brother Akshay Bandal, when towards parents of co-accused Nishikant about the quarrel which was occurred at Nav Sahyadri college, applicant and coaccused involved in the crime being a member of unlawful assembly in prosecution of common object of them, attempted to commit murder of him, so also Sahil, Chandrakant and Akshay by assaulting over their person by means of sickle, rod, stone and also committed criminal intimidation by threatening to them and committed mischief concern with the vehicle and by doing so, offence in question committed by applicant and co-accused involved in the crime. Hence, his report."

4.

It is the submission of Mr. Bhalerao, learned Counsel appearing for the Applicant that the only role attributed to the Applicant even as per the prosecution case is giving threats to the First Informant. He submits that although there is one antecedent

bearing C.R. No.482 of 2024 is registered at Rajgad Police Station, Pune Rural, Pune, under Sections 189(2), 191(1), 190, 333, 324(4)(5), 352 and 351(2)(3) of the Bharatiya Nyaya Sanhita, 2023, however, the Applicant has been granted bail in that case. He submits that the Applicant is falsely implicated in the crime. 5.

Mr. Mangaonkar, learned APP strongly opposes the Anticipatory Bail Application. He submits that the offence is very serious. He submits that there are total 7 accused, out of that 3 accused have been arrested and one accused has been released on bail. He submits that therefore, the Anticipatory Bail Application be rejected.

6.

Perusal of the record shows that the only role attributed to the present Applicant is that he has threatened the First Informant. The other accused to whom role of assault is attributed have been arrested and one has been released on regular bail. Although there is one antecedent, by imposing stringent conditions, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Amar Sandip

Shelar in connection with C.R. No.372 of 2025 registered with the Rajgad 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.25,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the Rajgad Police Station, Pune Rural, Pune, on 29th December 2025 and 30th December 2025 between 11:00 a.m. to 02:00 p.m. and shall co-operate with the investigation.

(c) The Applicant shall attend the Rajgad Police Station, Pune Rural, Pune, as and when called by the Investigating Officer and shall co-operate with the investigation.

(d) 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. (e) 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.

(f) The Applicant shall not tamper with the prosecution

evidence and shall not contact or influence the Complainant or any witness in any manner.

7.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.12.24 18:17:15 +0530 SONALI MILIND PATIL