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2025 Supreme(Online)(Bom) 4362

BOMBAY HIGH COURT
R.N. Laddha, J
Dattatray Tatyaram Pondkule – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr Ranjeet M Pawar
For the Respondents: Mr Anand Shalgaonkar APP

Coram : R.N.Laddha, J.

Date : 23 June 2025.

P.C. :

This is an application for pre-arrest bail filed by the applicant, apprehending arrest in CR No.102 of 2025, registered at Bhigwan Police Station, Pune, for offences punishable under Sections 118 (2), 119(1), 115(2), 352, and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘ BNS ’) and Sections 4 and 27 of the Arms Act, 1959 (‘Arms Act’).

2. The FIR pertains to the incident dated 3 April 2025, wherein it is alleged that the applicant, along with the co- accused, in furtherance of their common intention, abused and assaulted the first informant using a scythe, resulting in bleeding injuries.

3. The learned Counsel appearing on behalf of the applicant submits that the applicant has been falsely implicated in the present crime. According to him, the offences punishable under Sections 118 (2) and 119 of the BNS and Sections 4 and 27 of the Arms Act are not applicable to the applicant. There was an inordinate delay in filing the FIR. According to the prosecution, the incident had occurred at about 12:30 in the afternoon, whereas the FIR was lodged at 10:45 p.m. Moreover, the co-accused has already been granted anticipatory bail

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