← Library
Bombay High CourtABA/3560/2025allowed

Ajay Dattatray Dhanwade v. The State Of Maharashtra

2025-12-23Hon'Ble Shri Justice Madhav J. Jamdar5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3560 OF 2025 Ajay Dattatray Dhanawade ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Prashant S. Hagare, for the Applicant.

Ms. S. M. Yadav, APP, for the Respondent-State. Mr. Ashok Raut, PSI, attached to Baramati City Police Station, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

23rd DECEMBER 2025 PC:- 1.

Heard Mr. Hagare, learned Counsel appearing for the Applicant and Ms. Gajare, learned APP appearing 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.415 of 2025 registered on 14th November 2025 with Baramati City Police Station, District Pune Rural for the offences punishable under Sections 109, 79, 351(2), 351(3), 352, 324(4) and 3(5) of the

Bharatiya Nyaya Sanhita, 2023 ("BNS") and under Sections 4 and 25 of the Arms Act, 1959.

3.

The prosecution case is set out in paragraph No.4 of the order dated 16th December 2025 passed by learned Additional Sessions Judge, Baramati, District Pune in Criminal Bail Application No.909 of 2025, which reads as under :- "4] Complainant-Aniket Vitthal Gavali lodged a report at Baramati City Police Station on 13.11.2025, that on 12.11.2025, he with his brother Nikhil had been to his maternal aunt's home at Godawarinagar, Baramati. On 13.11.2025, at about 7.00 p.m., accused Kishor Mohan Dhanwade, who was residing in front of his aunt's house, approached there on motorcycle. He was staring at aunt's daughter with bad intention. When complainant's aunt questioned him for such staring, accused-Kishor started abusing and threatening her. Wife and brother's wife of accused also came out of their house and started quarreling with his aunt.

When complaint questioned accused-Kihor, he also abused complaint, rushed in house and brought sword with intent to kill complainant and his aunt by creating terror. He assaulted complainant and gave its blow on his neck by sword, which he avoided, however, resulted into cut wound to his right cheek. When complainant's brother Nikhil tried to save complainant, accused also assaulted him on right hand, resulting into injury. For saving complainant from the clutches of accused, his uncle and other relatives put accusedKishor down with help of stick and tried to remove sword. During scuffle, his aunt also sustained abrasion on her hands.

the video of the incident in her mobile, in which, it was seen that brother of accused i.e. present accused-Ajay Dhanwade was also seen supporting accused-Kishor. Complainant approached police station, and police referred him for medical treatment, and thereafter, he lodged report. In the meanwhile, accused Kishor and his collegues damaged the motorcycles of people parked in front of aunt's home and committed terror by pelting stones on aunt's home. On such report, FIR was registered. Investigation is sought to be made from present accused by taking him into custody."

4.

It is the submission of Mr. Hagare, learned Senior Counsel, appearing for the Applicant that the Applicant is not involved in the crime. In any case, he submits that even as per the prosecution case, the Applicant's only role is to help the main Accused. He further submits that the Applicant has no other antecedents. 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 Applicant is involved in the crime and therefore, the Anticipatory Application be rejected. 6.

Perusal of the record shows that, even as per the prosecution case, all the allegations are against Accused No.1-Kishor Mohan Dhanwade who has already been arrested. As far as the role of the

present Applicant i.e. Accused No.2 is concerned he has helped the main Accused No.1-Kishor Mohan Dhanwade. There are no other antecedents. Accordingly, by imposing conditions the Anticipatory Bail Application be granted.

7.

In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant- Ajay Dattatray Dhanawade in connection with C.R. No.415 of 2025 registered with Baramati City Police Station, District Pune Rural, 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 on 29th December 2025.

(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.

(f) The Applicant shall not leave India without prior permission of the Court.

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]