Dattu Bhujang Irkar v. The State Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ARJUN VITTHAL KUDHEKAR ANTICIPATORY BAIL APPLICATION NO.25 OF 2026 Sagar Bhimrao Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

ARJUN VITTHAL KUDHEKAR Date: 2026.01.16 21:10:13 +0530 Mr. Ashwin R. Kapadnis i/b Vivek Rane, for the Applicant. Ms. R. V. Newton, APP, for the Respondent-State. A.P.I. Krishna Patil, Ulwa Police Station, Navi Mumbai, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED:

16 JANUARY 2026 PC:- 1.

Heard Mr. Kapadnis, learned Counsel appearing for the Applicant and Ms. Newton, 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.138 of 2025 registered with the Ulwa Police Station, Navi Mumbai, for the offences punishable under Sections 118(1), 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is set out in Paragraph No.5 of the Order dated 22nd December 2025 passed by the learned Additional Sessions Judge, Panvel, District-Raigad, in Criminal Bail Application No.987 of 2025, which reads as under :- "5.

Perused F.I.R. and documents placed on record. On 21/11/2025, at about 23.25 hours, the informant, his friends Pratik Sadanand Gaikwad, Ajit Mohan Gharat and Kesarinath Paringe were travelling in Pratik's Maruti Suzuki Car No.MH-46-Z-0804 towards Sector 20 for filling CNG. When they reached at Sector 2, Ulwe at about 00.20 hours, vehicles were crowding the road in front of Chetan's house. Hence, they all get down from the car and requested the person present there to move their vehicles. However, the person present there started abusing the informant and his friends. Pratik was sitting in the driver chair. One person gave punch to Pratik. Thereafter, three to four unknown persons assaulted the informant and his friends with kick, fist, Bamboo stick and sharp weapon.

In the said incident, Pratik sustained injuries on cheek, eye, chin and head. The informant also sustained injury near the shoulder. After assault, the said unknown assailants fled towards Vahal bridge in a white car No.MH-3-EG-5962. They also threatened the informant and his friend. Therefore, informant lodged report to Ulwa police station vide CR.No. 138/2025 for the offences punishable under section 118(1), 115(2) and 351(2) read with 3(5) of the BNS."

4.

It is the submission of Mr. Kapadnis, learned Counsel for the Applicant that the incident has taken place on the issue of parking. He submits that the Applicant is not involved in the crime. The Applicant has not named in the FIR. He further submits that the

Applicant has no antecedents. He submits that the Applicant will cooperate with the investigation and therefore the Anticipatory Bail Application be granted.

5.

On the other hand, Ms. Newton, learned APP, for the Respondent-State, strongly opposes the Anticipatory Bail Application. She submits that the injuries are grievous in nature and therefore the Anticipatory Bail Application be rejected. She submits that the CCTV footage shows that the Applicant is involved in the crime and that a car has been recovered. 6.

Perusal of the record shows that the incident has taken place due to dispute with respect to the parking. The Applicant does not have criminal antecedents.

7.

As the Applicant has undertaken to cooperate with the investigation, case is made out for grant of anticipatory bail. 8.

In view thereof, the following Order is passed:

O R D E R

(a) In the event of arrest of the Applicant Sagar Bhimrao

Patil, in connection with CR No.138 of 2025 registered with the Ulwa Police Station, Navi Mumbai, he be released on bail on his furnishing PR 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 22nd January 2026 and 23rd January 2026 between 11:00 am to 02:00 pm and thereafter as and when called by the Investigating Officer till filing of the Charge-sheet 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.]