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2025:BHC-AS:57497 615-ABA-3551-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.3551 OF 2025

Akshay Dipak Gaikwad …Applicant

Versus

The State of Maharashtra …Respondent

Mr. Vaibhav V. Ugle, for the Applicant.

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

Mr. Amol M. Talape, Police Constable, attached to Rajgad Police

Station, Pune Rural, Pune, present.

CORAM: MADHAV J. JAMDAR, J.

DATED : 23^rd DECEMBER 2025

PC:-

1. Heard Mr. Ugle, learned Counsel appearing for the Applicant

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.313 of 2025 registered with Rajgad Police Station,

Pune Rural, Pune for the offences punishable under Sections 333,

118(1), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita,

2023 , Sections 4 and 25 of the Arms Act, 1959 and Section 92 of the

Rights of Persons with Disabilities Act, 2016.

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3. The prosecution case is set out in paragraph Nos.2 and 3 of

the order dated 17^th October 2025 passed by the learned Additional

Sessions Judge, Pune in Criminal Bail Application No.6282 of 2025,

which reads as under:

“2] Prosecution case is that on 14.08.2025 at about

4.30 p.m., occurrence took place. The complainant

Nitin Pandurang Kolpe is handicapped, having

disability card. He is residing alone

3] On the date of occurrence, the applicant along with

one other had come to his house and assaulted him

on his both legs, with the help of wooden stick. He

asked to handover the shop to him. ON his refusal he

assaulted him. He shouted. Neighbourers came there.

He thretened him. He knew that he is handicapped

and disabiled person, then also assaulted him, and

abused him in filthy language. He went to Rural

Hospital, Bhor, thereafter Siddhivinayak Hospital,

Nasrapur and at Sassoon General Hospital, Pune and

lodged complaint on 17.08.2025.”

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

for the Applicant that even as per the prosecution case, the Applicant

has assaulted the injured with stick. He submits that co-accused who

was having sickle has been arrested and released on bail. He submits

that although there are three antecedents, in one antecedent, the

Applicant has been acquitted and in two antecedents, he has been

released on bail.

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5. Mr. Mangaonkar, learned APP strongly opposes the

Anticipatory Bail Application. He submits that the injured is

handicap person and just to get vacant possession of the premises in

question, the Applicant and the co-accused have assaulted the

injured. He submits that the offence is very serious, therefore, the

custodial interrogation of the Applicant is necessary. He further

submits that as there are three antecedents, the Anticipatory Bail

Application be rejected.

6. Perusal of the record shows that the only role which has been

attributed to the present Applicant is that he has assaulted the

injured with stick. The co-accused who assaulted the injured with

sickle has been arrested and granted regular bail. Thus, the case is

made out for grant of Anticipatory Bail.

7. However, there are three antecedents, stringent conditions are

required to be imposed.

8. As there are three antecedents including under Section 302 of

the Indian Penal Code, 1860, Mr. Ugle, learned Counsel, on

instructions of the Applicant, submits that the Applicant will stay

outside Pune District and that the Applicant will stay with relative-

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Santosh R. Chawan, At Post-Bholi, Taluka-Khandala, District-

Satara.

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

Bail. In view