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2025:BHC-AS:56724 613 ABA 3519.25.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.3519 OF 2025

Aditya @ Bhuvan Dinkar Chinchawde …Applicant

Versus

The State of Maharashtra …Respondent

Mr. Ashwin R. Kapadnis, for the Applicant.

Ms. S. M. Yadav, APP, for the Respondent-State.

Mr. Kiran Balip, PSI, attached to Chinchwad Police Station, Pune

present.

CORAM: MADHAV J. JAMDAR, J.

DATED : 22^nd DECEMBER 2025

PC:-

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

Applicant and Ms. Yadav, learned APP for the Respondent-State.

2. By this Application filed under Section 482 of the Bharatiya

Nagarik Surakhsha Sanhita, 2023 (“BNSS”) the Applicant is

seeking pre-arrest bail in connection with C.R. No.518 of 2025

registered on 04^th December 2025 with Chinchwad Police Station,

Pimpri Chinchwad for the offences punishable under Sections 109,

115(2), 118(2), 281, 352, 324(4), 189(1), 189(2) and 190 of the

Bharatiya Nyaya Sanhita, 2023 (“BNS”).

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3. The prosecution case is set out in Paragraph No.2 of order

dated 16^th December 2025 passed by learned Additional Sessions

Judge, Pune in Criminal Bail Application No.8447 of 2025, which

reads as under :-

‘2) In brief it is case of prosecution that informant

Shubham Dattatray Shinde, Basavraj Helve on

3/12/2025 at about 10.00 p.im. consumed the liquor

at the house of Basävraj Hegde and at about 4.00 p.m.

the above two persons and Sham Koli were going by

four wheeler vehicle no. MH 14 LY 4794 from the road

infront of Maratha Darbar hotel at Chinchwad one

unknown person came across their vehicle. So

Basavraj Helve stopped that vehicle and asked that

person whether he can't see the car coming by the

road. Thereafter, both these persons quarrelled with

each other. In quarrel Helve gave slap to that person.

At that time Aditya Chinchwade, Kartik Ghodke,

Shivam Hagawane, Sunil Chinchwade and two

unknown persons came there and started to beat

them. Aditya Chinchwade picked piece of glass from

the road and assaulted on Helve by it on his head but

Helve succeed to avoid that assault and it was

assaulted on left eyebrow. Sunil Chinchwade picked

another piece of glass and assaulted on back side of

his head to kill him. When they fell down Kartik

Ghodke, Shivam Hagawane bet them by kicks and

blows. Somehow they succeed to ran away and were

admitted at YCM hospital, Pune. Thereafter, they

lodged report to police station on 4/12/2025. On his

report abovesaid offence is registered.”

4. It is the submission of Mr. Kapadnis, learned Counsel

appearing for the Applicants that there is a cross FIR being CR

No.517 of 2025 registered under Section 109, 308(5), 189,

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189(1), 189(2), 190, 352, 351(2) of BNS and 3 and 7 of Criminal

Amendment Act, 2013 registered with Chinchwad Police Station

on 04^th December 2025 at 17:39 and the subject FIR has been

lodged, subsequently, as a counter blast being CR No.518 of 2025

registered on 4^th December 2025 at 21:03 i.e. after about 4 hours.

He submits that the allegations against the Applicant is that he

assaulted the injured by glass. He submits that the Applicant has

been grievously injured and he is still in the hospital. He further

submits that the Applicants are not involved in the crime and

therefore, Anticipatory Bail Application be granted.

5. On the other hand, Ms. Yadav, learned APP, strongly opposes

the Anticipatory Bail Application. She submits that the offence is

very serious. She further submits that the Applicants are involved

in the crime and the Applicant has one antecedent.

6. Perusal of the records shows that the subject FIR being CR

No.518 of 2025 is the cross FIR. In said FIR the Accused No.1 is

the First Informant in prior F.I.R. being C.R. No.517 of 2025. After

the lodging of earlier FIR being C.R. No.517 of 2025, subsequently,

afte