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Bombay High Court

Dilip Rohidas Pawar vs The State Of Maharashtra on 19 December, 2025

Author: Madhav J. Jamdar

Bench: Madhav J. Jamdar

2025:BHC-AS:56540                                                      914-ABA-3477-2025.DOC




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION
                         ANTICIPATORY BAIL APPLICATION NO.3477 OF 2025


                    Dilip Rohidas Pawar & Anr.                              ...Applicants
                          Versus
                    The State of Maharashtra                                ...Respondent


                    Mr. Ranjeet M. Pawar, for the Applicants.
                    Mr. S. M. Mangaonkar, APP, for the Respondent-State.


                                               CORAM: MADHAV J. JAMDAR, J.
                                               DATED : 19th DECEMBER 2025
                    PC:-


                    1.       Heard Mr. Pawar, learned Counsel appearing for the

                    Applicants and Mr. Mangaonkar, learned APP appearing for the

                    Respondent-State.



                    2.       The Applicants are seeking pre-arrest bail in this Application

                    filed under Section 482 of Bharatiya Nagrik Surksha Sanhita, 2023

                    in connection with C.R. No.245 of 2025 registered with Baramati

                    City Police Station, District-Pune for the offences punishable under

                    Sections 109, 189(2), 189(4), 190, 191(2), 191(3), 118(1), 115 (2), 352,

                    351 (2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 ("BNSS").



                    3.       The prosecution case is set out in paragraph No.4 of the order

                    dated 1st December 2025 passed by the learned Additional Sessions



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 Judge, Baramati, District-Pune in Criminal Bail Application No.917

 of 2025, which reads as under:



           "4. On 15.07.2025, while admitted in Giriraj
           Hospital, Baramati, complainant-Rohidas Chima
           Dhotre made statement to Baramati City Police
           Station alleging that on that day at 10.30 a.m., he, his
           neighbour and relatives had been to temple for
           darshan and at about 11.55 a.m., he, cousin Arjun
           Hanumant Dhotre, wife Archana, son Sachin and his
           wife Puja with Aslam Pathan and Harishchandra
           Pawar reached on the bridge at Panchshil Nagar. At
           that time, accused-Ganesh Pawar and five others
           approached from rear side with axe, sickles and lathi,
           wherein, accused Ganesh held axe. All suddenly
           assaulted complainant, out of whom, accused-
           Ganesh uttering to kill the complainant, hit the axe
           from reverse side on the back of his head; accused-
           Jalindar Pawar manhandled him, threatened and
           assaulted him with sickle; present accused Dilip
           Pawar also manhandled him and assaulted by sickle
           with threats and abuses; accused-Chhotya alias
           Vitthal Pawar and present accused-Suresh Pawar
           similarly abused, threatened him and assaulted with
           sickles; and accused Chandrakant Pawar hit wooden
           log on right knee injuring complainant.
           Complainant's cousin Arjun Hanumant Dhotre was
           caught by present-accused Suresh from back, and
           then, accused Chhotya alias Vitthal Pawar injured
           him with sickle behind his left ear. On such report,
           FIR was registered and investigation is sought to be
           made from present accused by taking them into
           custody."

 4.       It is the submission of Mr. Pawar, learned Counsel appearing

 for the Applicants that there are cross complaints. The injuries are

 simple in nature. The Applicants are accused Nos.3 and 5. The role

 attributed to the Applicants is that they have assaulted the injured



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 with fists and kicks and abused the First Informant. Mr. Pawar,

 learned Counsel submits that wrongly the learned Additional

 Sessions Judge has assumed that the Applicant No.2-Suresh (accused

 No.5) has assaulted the injured with sickle. Mr. Pawar, learned

 Counsel submits that charge sheet has already been filed against the

 Co-Accused who has been arrested and therefore, investigation is

 substantially completed.



 5.       On the other hand Mr. Mangaonkar, learned APP strongly

 opposes Application. He submits that the weapon used in the crime

 is to be recovered. Mr. Mangaonkar, learned APP further submits

 that there is one antecedent. Therefore, the Anticipatory Bail be not

 granted.



 6.       Perusal of the record shows that the role attributed to the

 presents Applicants is that they have abused and assaulted the

 injured with fists and kicks. The injuries are simple in nature. The

 Accused No.1 and 4 were arrested and released on regular bail.

 Charge sheet has already been filed against them. Thus, the

 substantial investigation is completed.




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 7.       Although there is one antecedent, the same is of the year 2022.

 Accordingly, the case is made out for grant of Anticipatory Bail. In

 view thereof, the following order is passed:


                                   ORDER

(a) In the event of arrest of the Applicant No.1-Dilip Rohidas Pawar and the Applicant No.2-Suresh Rohidas Pawar in connection with C.R. No.245 of 2015 registered with the Baramati City Police Station, Baramati, District-Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount.

(b) The Applicant shall attend the Baramati City Police Station, Baramati, District-Pune, on 29 th December 2025 and 30th December 2025 between 11:00 a.m. to 02:00 p.m. and shall co-operate with the investigation.

(c) The Applicant shall attend the Baramati City Police Station, Baramati, District-Pune as and when called by the Investigating Officer and shall co-operate with the investigation.

(d) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer and Page 4 Sonali ::: Uploaded on - 20/12/2025 ::: Downloaded on - 26/12/2025 21:50:03 ::: 914-ABA-3477-2025.DOC shall keep the same updated, in case of any change thereto.

(e) The Applicants 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.

(f) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(g) The Applicants shall not leave India without prior permission of the Court.

8. The Anticipatory Bail Application is disposed of accordingly.

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