2025 Supreme(Online)(Bom) 248952
HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE MADHAV J. JAMDAR
SURAJ PRAKASH NARUTE AND ANR – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
ABA/3072/2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3072 OF 2025 Suraj Prakash Narute & Anr. …Applicants Versus The State of Maharashtra …Respondent WITH INTERIM APPLICATION NO.4260 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.3072 OF 2025 Lalita Kantilal Bharati …Applicant IN THE MATTER BETWEEN:
Suraj Prakash Narute & Anr. …Applicants Versus The State of Maharashtra …Respondent Ms. Ekta Patil i/b. Mr. Prashant Hagare, for the Applicants.
Mr. S. M. Mangaonkar, APP, for the Respondent-State.
Mr. Pranav Bhoite a/w. Mr. Suraj Naik and Mr. Ghanasham Jadhav, for the Applicant/First Informant in IA/4260/2025.
Mr. Vijay Telkikar, PSI, attached to Walchandnagar Police Station, Pune Rural, Pune, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 21st NOVEMBER 2025 PC:-
1. Heard Ms. Patil, learned Counsel appearing for the Applicants, Mr. Bhoite, learned Counsel appearing for the First Informant and Mr. Mangaonkar, learned APP appearing for the Respondent-State.
2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.299 of 2025 registered with Walchandnagar Police Station, Pune Rural, Pune, for the offences punishable under Sections 109, 115(2), 3(5), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is set out in paragraph No.2 of the order dated 29th October 2025 passed by the learned Additional Sessions Judge, Indapur, Dist. Pune in Criminal Bail Application No.295 of 2025, which reads as under:
“2. The brief facts, which led to the filing of the FIR can be summarized as under That on 10.09.2024, informant lady while undergoing medical treatment at Baramati hospital lodged the FIR with Walchandnagar Police Station alleging that on 05.09.2025 around 10.00 a.m., she & her daughter-in-law Sonal were present in the house and present applicant Suraj Narute came there along with his four labour and started to erect compound wall. Verbal altercations took place between Sandip and applicant Suraj, who threatened to kill applicant and called his brother Yashwant at the spot. On his arrival, applicant Yashwant took a spade and gave its stroke on her right shoulder and on the left shoulder of Sandip. Applicant Suraj asked his associate Pranit to bring scythe locally called as Koyata and gave its stroke on her head, whereby she sustained bleeding injury to her eye. Applicant Suraj attempted to kill her by pressing her neck and also assaulted her by the stick of the spade. On hearing the shouting and arrival of witnesses, both the applicants and their associates ran away from the spot. Injured Sandip and she were admitted in the hospital for medical treatment. Making such allegations, she lodged the FIR with Walchandnagar police station and accordingly crime as above came to be registered. Both the applicants apprehend their arrest in the present crime and therefore, they are seeking protection by way of anticipatory bail.”
4. It is the submission of Ms. Patil, learned Counsel appearing for the Applicants that the incident in question took place on a spur of moment. The Applicants and the First Informant are neighbours and as there is some dispute regarding compound wall the incident in question took place. She submits that the Applicants will cooperate with the investigation and the Applicants will reside outside Taluka Indapur, Dist. Pune and the Applicants will reside at Village-Fondshiras, Taluka – Malshiras, District-Solapur.
5. On the other hand, Mr. Mangaonkar, learned APP appearing for the Respondent-State and Mr. Bhoite, learned Counsel appearing for the First Informant strongly oppose the Anticipatory Bail Application. Both of them submit that the First Informant has been injured grievously and the incident has taken place with premeditation and the son of the First Respondent is also injured. Both of them submitted that there are antecedents against the Applicants and therefore, the