Niket Satish Patil v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.12.24 22:31:41 +0530 ANTICIPATORY BAIL APPLICATION NO.3581 OF 2025 ARJUN VITTHAL KUDHEKAR Niket Satish Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Chetan S. Damre, for the Applicant.

Ms. S. M. Yadav, APP, for the Respondent-State. P.S.I. P. D. Mohite, Yeola City Police Station, Yeola, District-Nashik, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED:

24 DECEMBER 2025 PC:- 1.

Heard Mr. Damre, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP, for the Respondent-State of Maharashtra.

2.

By the present Anticipatory Bail Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest bail in connection with CR No.300 of 2025 registered with Yeola City Police Station, Yeola, DistrictNashik, for the offences punishable under Sections 126(2), 190, 191(2), 191(3), 115(2), 118(2), 352, 351(2), 324(4) and 49 of

the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 25 of the Arms Act, 1959.

3.

As per the prosecution case, 16 accused named in the FIR and 5 to 6 unknown accused persons assaulted the First Informant. As per the Injury Certificate, the First Informant suffered fracture and he was hospitalized for about 7 days. The cause of the said assault is rivalry in travel business.

4.

It is the submission of Mr. Damre, learned Counsel appearing for the Applicant that the only role attributed to the Applicant is that on the instruction of the Applicant the incident took place. He submits that the Applicant is a government employee and he is working as Assistant Engineer in MHADA. He submits that FIR has been lodged only on suspicion. He submits that although there are two antecedents of the year 2015 and 2021, the Applicant has been acquitted in those cases. He submits that the accused No.2Ganesh Mali in subject C.R. No.300 of 2025 had lodged C.R. No.375 of 2025 with the Yeola Taluka Police Station, Nashik Rural, Nashik under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribe Atrocities Prohibition Act 1989 and

Sections 118(1), 115(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the First Informant. It is the submission of the learned Counsel that as a counterblast, the subject C.R. is lodged belatedly on 21st September 2025.

5.

On the other hand, Ms. Yadav, learned APP, strongly opposes the Anticipatory Bail Application. She submits that the offence is very serious and as per the case the offence took place on the direction of the Applicant. She submits that as there are antecedents, the Anticipatory Bail Application be rejected. 6.

Perusal of the record shows that the motive for the crime is rivalry in travel business. Even as per the prosecution case, the Applicant has not actually assaulted the First Informant and he was even not present at the spot. There is delay of about 6 days in lodging the FIR. Although there are two antecedents, the same are of the year 2015 and 2021 and the Applicant has been acquitted in the said cases.

7.

Thus, in the facts and circumstances, the custodial interrogation of the Applicant is not necessary. 8.

In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant - Niket Satish Patil, in connection with CR No.300 of 2025 registered with the Yeola City Police Station, Yeola, DistrictNashik, he be released on bail on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the Yeola City Police Station, Yeola, Dist. Nashik as and when necessary and shall cooperate 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.

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

9.

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