An anticipatory bail application cannot be denied solely based on the applicant's criminal antecedents, and cooperation with ongoing investigations can justify granting bail.

JUDGMENT :

ADVAIT M. SETHNA, J.

1. The Applicant has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“ BNSS ”) as he apprehends his arrest.

2. These proceedings relate to CR No.0314 of 2024. The FIR has been lodged on 9 March 2024 at 16.08 hours by the Tophkhana Police Station, Dist. Ahmednagar. The Sections invoked are 326, 307 (subsequently added), 143, 144, 147, 148, 149, 427 (subsequently added), 504, 506 of the INDIAN PENAL CODE , 1860 (“IPC”) and Section 4 /24 of the ARMS ACT . There are 7 accused persons, the present Applicant being disclosed as accused No.1.

Case in the FIR:-

3. The complainant Ajay Karpe, aged 24 years lodged the report stating that his friend Vaibhav Sampat Baraskar was having a tea center. On 8 March 2024 at about 3.00 p.m., the present Applicant and 5 to 6 persons including the co-accused came inside the said premises and the other persons waited outside. Accused Nos.2, 3 and 4 i.e. Omkar Thombre, Abhi Tirandas and Tahir Shaikh came inside the premises and the other persons waited outside. The accused Nos.2 and 3 started saying how “dare they touch their bhai”. They threatening that the complainant should not be kept alive along with his friend. The complainant reported that the present Applicant gave a blow of iron koyata on the head of the complainant. The complainant dodged the blow which fell on his right shoulder and the Applicant then gave a blow to the right knee of the complainant, because of which the latter fail down. On that, accused Nos.3 and 4 followed the complainant including accused Nos.5, 6 and 7, who stated that the complainant should not be left alive and should be killed. However, as and when people gathered outside the canteen, the Applicant and his companions ran away saying that they would not leave the complainant alive. At that time, the father of the complainant’s friend Sampat Baraskar brought the complainant to the civil hospital where he was subsequently administered treatment. In such circumstances, the report of the complainant is filed and the FIR is lodged.

Submissions:-

4. Mr. Ostwal, learned Advocate for the Applicant by referring to an order of this Court dated 19 September 2024, by which protection was granted to the Applicant, would contend that all the conditions in the said order have been duly and fully complied with by the Applicant. He has thereby co-operated with the investigation as directed in the said order dated 19 September 2024. He would submit that the nature of injury inflicted on the Informant in the given facts and circumstances is simple injury as clearly revealed from the injury certificate placed on record. The alleged weapon used during the said assault i.e. iron koyata has also been seized by the police station when the Applicant was directed to attend the said police station. This is a clear case of counterblast inasmuch as an earlier FIR was lodged against the said Informant by the Applicant on 30 June 2023 by the Tophkhana Police Station, District Ahmednagar for a similar incident of assault. The provisions invoked are also similar to those under the present FIR. In the said incident, this Applicant had also suffered injuries which led to him to be admitted to the Intensive Care Unit (ICU) of the hospital. He would submit that the co-accused persons are released on bail by different orders dated 14 May 2024 and 27 June 2024, passed by the Additional Sessions Judge, Ahmednagar, which are annexed to the said ABA. The Applicant has been truthful and forthcoming in disclosing the criminal antecedents against him and also placing the same on record. However, he would submit that as the