Anil Popat Bhaik v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3553 OF 2025 Anil Popat Bhaik ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Saurabh Nikalje a/w. Mr. Sanket Jadhav, for the Applicant. Ms. S. M. Yadav, APP, for the Respondent-State. Mr.Arun Baburao Ubale, Police Constable, attached to Shirur Police Station, Pune Rural, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

23rd DECEMBER 2025 PC:- 1.

Heard Mr. Nikalje, learned Counsel appearing for the Applicant and Ms. Yadav, 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.794 of 2025 registered with Shirur Police Station, Pune Rural, Pune, for the offences punishable under Sections 118(2), 115(2), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. 3.

The prosecution case is set out in paragraph No.2 of the order dated 8th December 2025 passed by the learned Additional Sessions

Judge, Pune in Criminal Bail Application No.7754 of 2025, which reads as under:

"2. Prosecution Case :- The incident happened on 06/10/2025 at about 11:00 am in front of house of informant named Haridas Ananta Bhaik at Sabalewadi, Takli Haji, Tal. Shirur, Dist. Pune. At that time the informant was sitting in front of his house and the applicant came there. At that time the informant was showing him the boundary mark of his land gat no.269 and was convincing him to get measured his land from the Vendor from who he has purchased said land on which the applicant in rage assaulted by iron rod which was in his hand on the head of informant but the informant dogged the blow and he received the blow of iron rod on his left shoulder due to which the shoulder bone was fractured and at that time the applicant abused and threatened informant to kill. At that time the applicant also assaulted father of informant namely, Ananta Bhaik by throwing a brick towards him and also abused and threatened him to kill. So, this FIR is filed by informant."

4.

It is the submission of Mr. Nikalje, learned Counsel appearing for the Applicant that the Applicant is not involved in the crime. He submits that the Applicant will co-operate with the investigation and that there are no antecedents against the Applicant. 5.

On the other hand, Ms. Yadav, learned APP strongly opposes the Anticipatory Bail Application. She submits that the Applicant is involved in the crime. She submits that grievous injuries are there

and there are eye-witnesses to the incident in question and therefore, the Anticipatory Bail Application be rejected. However, on instructions, she submits that there are no antecedents against the Applicant.

6.

Perusal of the record shows that the incident in question has taken place due to dispute regarding boundary of agricultural land. Although the offence is serious, however, by imposing stringent condition,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- in connection with C.R. No.794 of 2025 registered with the Shirur 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 Shirur Police Station, Pune Rural, Pune, on 29th December 2025 and 30th December 2025 between 11:00 a.m. to 02:00 p.m. and thereafter, as and when called by the Investigating Officer and shall co-operate with the investigation.

(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.

7.

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

2025.12.24 18:17:25 +0530 SONALI MILIND PATIL