Hemant S/O Vyankatrao Gaurkar v. State Of Maharashtra Thr Investigation Officer, Nagpur Cyber Ps Dist. Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.73 OF 2026 Shambhu @ Shambhuraj Dadaso Karande ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. R. M. Haridas, Senior Advocate a/w. Mr. Vinay Chavan i/b. Mr. Dilip B. Shinde, for the Applicant.

Ms. S. M. Yadav, APP, for the Respondent-State. Mr. R. M. Sabale, PSI, attached to Vadgaon Nimbalkar Police Station, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

12th JANUARY 2026 PC:- 1.

Heard Mr. Haridas, 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.294 of 2025 registered with Vadgaon Nimbalkar Police Station, Pune, for the offences punishable under Sections 140(4), 140(3), 118(1), 115, 3(5), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3.

As per the prosecution case, as there was some dispute regarding boundary, which was settled later on and on account of that, the incident took place in which co-accused assaulted the First Informant. The allegation against the present Applicant is that the same has been done at the instance of the present Applicant. 4.

It is the submission of Mr. Haridas, learned Counsel appearing for the Applicant that the Applicant is not involved in the crime. He submits that there are no other antecedents against the Applicant and that the Applicant is ready to co-operate with the investigation. Therefore, he submits that the Anticipatory Bail Application be allowed.

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 and there is CCTV footage to corroborate the incident.

6.

Although Ms. Yadav, learned APP strongly relied on the CCTV footage, the incident has taken place at some other place.

7.

Perusal of the record shows that the First Informant has specifically stated that he is alcoholic. The FIR mentions that after the incident of assault, the co-accused took him to liquor bar and he consumed liquor. The injuries are of very simple nature. There are no other antecedents against the Applicant. 8.

Accordingly, 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-Shambhu @ Shambhuraj Dadaso Karande in connection with C.R. No.294 of 2025 registered with the Vadgaon Nimbalkar Police Station, 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 Vadgaon Nimbalkar Police Station, Pune, on 19th January 2026 and 20th January 20th January 2026 between 11:00 a.m. to 01:00 p.m. and shall co-operate with the investigation

and thereafter, the Applicant shall attend the Vadgaon Nimbalkar Police Station, Pune, as and when called by the Investigating Officer.

(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.

9.

The Anticipatory Bail Application is disposed of accordingly. Digitally signed by SONALI MILIND PATIL Date:

2026.02.13 10:46:44 +0530 SONALI MILIND PATIL [MADHAV J. JAMDAR, J.] Note: This order is corrected as per order dated 12/02/2026.