Deepak Annasaheb Ghute v. State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.311 OF 2026 Raosaheb Sudam Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Anuj Tiwari, for the Applicant.

Mr. S. M. Mangaonkar, APP, for the Respondent-State. Mr. Deepak Ramesh Fulyani, Police Constable, attached to Malegaon Taluka Police Station, District-Nashik, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

5th FEBRUARY 2026 PC:- 1.

Heard Mr. Tiwari, learned Counsel appearing for the Applicant and Mr. Mangaonkar, 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.898 of 2025 registered with Malegaon Taluka Police Station, Nashik Rural, Nashik, for the offences punishable under Sections 115, 118(1), 3(5), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is set out in paragraph Nos.5 and 6 of the order dated 20th January 2026 passed by the learned Additional Sessions Judge, Malegaon, District- Nashik in Criminal Bail Application No.1205 of 2025, which read as under: "5. The incident took place on 1.12.2025 at about 5.00 p.m. The informant was returning from the agricultural land that time applicant No.1 by his motor-cycle has crossed to him that time it was discord in between them. Further the quarrels raised in between them on account of encroachment of the land. Then applicants No.1 and 2 came over there. The applicant No.1 hit to the informant by sharp cutter to his left hand. The parents and brother of informant have rushed there to rescue the quarrel. At that time, these applicants have issued threats to them and hurled abuses.

6. On that count, the informant lodged the report dated 5.12.2025 at Police Station, Malegaon Taluka. The Police Station officer, Malegaon Taluka registered Crime No.898/2025 for the offence under Section 118(1), 115, 352, 351(2) read with section 3(5) of the Bharatiya Nyay Sanhita, 2023 against present applicants and other accused." 4.

Mr. Tiwari, learned Counsel appearing for the Applicant submits that there is cross FIR filed. He submits that the Appliant is also injured in the incident in question. He submits that there are no antecedents against the Applicant. He submits that the Applicant is ready to co-operate with the investigation. He

therefore, submits that the Anticipatory Bail Application be allowed.

5.

Mr. Mangaonkar, learned APP strongly opposes the Anticipatory Bail Applicaiton on the ground that the injuries are grievious in nature.

6.

Perusal of the record shows that the incident took place on 1st December 2025. Intially the present Applicant had lodged FIR being C.R. No.885 of 2025 with Malegaon Taluka Police Station, Nashik Rural, Nashik, under Sections 118(1), 115, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The said FIR was lodged on 4th December 2025 at 17:34 hours. The subject FIR has been lodged with respect to the same incident on 5th December 2025 at 13:54 hours. Perusal of the record further shows that there is some dispute with respect to agriculatural land. There are no other antecedents against the Applicant.

7.

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-Raosaheb Sudam Patil in connection with C.R. No.898 of 2025 registered with the Malegaon Taluka Police Station, District-Nashik, 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 Malegaon Taluka Police Station, District-Nashik 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.

8.

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

2026.02.05 18:19:59 +0530 SONALI MILIND PATIL