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Bombay High CourtABA/752/2026allowed

Virendra Nitin Shinde v. The State Of Maharashtra

2026-03-25Hon'Ble Shri Justice N. R. Borkar3 pages

1 917-ABA 752-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.752 OF 2026 Virendra Nitin Shinde ... Applicant Vs.

The State of Maharashtra ... Respondent ----- Ms. Shraddha Vavhal for the Applicant.

Ms. S. M. Yadav, APP for the Respondent-State. API Nilesh Rajput, Pen PS is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

25TH MARCH 2026 P.C. :

1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.29 of 2026 registered with Pen Police Station for the offences punishable under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

It is the case of the prosecution that on the date of incident, which took place on 22nd February 2026, the present Applicant and other coaccused, on account of some previous trivial dispute, assaulted the husband of the first informant by cricket bat, due to which he sustained grievous injury.

4.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

2 917-ABA 752-26.doc 5.

Learned Counsel for the Applicant submits that the incident was not premeditated. It is submitted that the Applicant is working with the Municipal Council and arrest of the Applicant would adversely affect his service career. It is submitted that the Applicant is ready and willing to cooperate in the investigation. It is submitted that there are no other criminal antecedents against the Applicant.

6.

On the other hand, Learned APP for the Respondent-State submits that the Applicant has assaulted husband of the first informant by cricket bat. It is submitted that considering the nature of crime, the Applicant may not be released on anticipatory bail.

7.

I have perused the FIR. Prima-facie the incident does not appear to be premeditated. There are no other criminal antecedents against the Applicant. Considering the overall facts and circumstances, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.29 of 2026 registered with Pen Police Station for the offences punishable under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023., he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount. iii. The Applicant shall attend the concerned Police Station as and when called by the investigating officer and shall co-operate in the investigation.

3 917-ABA 752-26.doc 8.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)