Allowed

Vikas @ Vicky Ankush Bhise v. the State of Maharashtra

Bombay HC29 Oct 2021BA/803/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC, the High Court of Bombay allowed the applicant's bail despite allegations of criminal antecedents. The court noted the minor nature of the injury and that the applicant was not convicted in any pending case, ordering release on sureties with standard conditions.

What did the court decide?

Release on bail in Crime No. 259 of 2018 on personal bond of Rs. 20,000/- with one or two sureties in like amount, subject to condition of not tampering with prosecution evidence.

Vikas @ Vicky Ankush Bhise Vs the State of Maharashtra — Cheque Dishonour | Bombay HC (2021)

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BA-803-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.803 OF 2021

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VIKAS @ VICKY ANKUSH BHISE

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)...APPLICANT

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V/s.

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THE STATE OF MAHARASHTRA

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)...RESPONDENT

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Mr.Rupesh Zade, Advocate for the Applicant.
Mr.H.J.Dedhia, APP for the Respondent – State.

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CORAM : V. G. BISHT, J.

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 RESERVED ON : 25th OCTOBER 2021
 PRONOUNCED ON : 29th OCTOBER 2021

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P.C.:

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1The present application has been moved by the

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applicant under Section 439 of the Code of Criminal Procedure in
Crime No.259 of 2018 registered with Police Station Chinchwad,

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for offences punishable under Section 307, 326, 323, 143, 144,

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147, 148, 149, 504, 120B of the Indian Penal Code (IPC) and

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AVK 1/5

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BA-803-2021.doc

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under Section 4(25) and 4(27) of the Arms Act and under
Section 37(1) read with 135 of Maharashtra Police Act.

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2The prosecution alleges that on account of previous
enmity, on 30th July 2018 accused namely Vikas Ankush Bhise
(applicant herein) assaulted the informant in this case by giving a
blow of sickle on the left hand of the informant and accused
Dada Bhise assaulted on the head and left hand of the informant.
Similarly, other accused also beat the informant by fist and kick
blows. Accordingly, First Information Report (FIR) came to be
lodged.

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3 Mr.Zade, learned counsel for the applicant, submits that as far as the applicant is concerned, his role is very limited. It is alleged that the applicant had given a blow of sickle on the left hand of the informant. The learned counsel invited my attention to the injury certificate filed on record and pointed out injury no.8 which is incised wound over left fore arm admeasuring 0.5 X 0.2 X 0.2 cms. According to learned counsel AVK 2/5

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BA-803-2021.doc

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investigation is over and in such circumstances, the applicant
deserves to be released on bail.

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4Mr.Dedhia, learned APP, on the other hand, opposed

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the submissions and invited my attention to the affidavit of the
Investigating Officer dated 12th October 2021 and emphasised
the criminal antecedents of the present applicant. In view of the
said criminal antecedents, the present application of the
applicant should not be allowed, urged learned APP.

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5Reading of the First Information Report (FIR) and the
investigation papers would clearly show that the present
applicant had given only one blow of sickle on the left fore-arm
of the informant. Medical certificate also depicts the injury on
the left fore-arm of the informant and incised wound
admeasuring 0.5 x 0.2 x 0.2 cms.

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6As far as criminal antecedents are concerned, it

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appears from the affidavit of the Investigating Officer that the AVK 3/5

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BA-803-2021.doc

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present applicant is facing twelve cases under various provisions
of law. It is also alleged in the affidavit in paragraph 7 that while
he was in jail in C.R.No.189 of 2017 under MCOC Act he
committed the present offence under Section 307 of the IPC and
if released on bail, he may commit similar type of offences.

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7I have already pointed out the act of the applicant
and the nature of injuries suffered by the informant. If being on
bail the present offence is committed, then the concerned
Investigating Officer has remedy to approach the concerned
Court which has granted bail to the present applicant and the
concerned Court would take cognizance of that aspect. However,
having regard to the nature of injuries sustained by the
informant, in my considered opinion, there is no necessity of
keeping the applicant behind the bars. Similarly, although the
applicant is facing number of criminal cases but it is not the case
that in any one of them the present applicant is convicted.

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AVK 4/5

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BA-803-2021.doc

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8 Having regard to over all circumstances of the case, I am

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inclined to allow the present application. Hence, the following

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order :

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ORDER

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(i) Applicant – Vikas @ Vicky Ankush Bhise shall be released on bail in Crime No.259 of 2018 registered with Police Station Chinchwad, on his executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in like amount.

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(ii)The applicant shall not tamper with prosecution evidence.

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(iii)Parties to act on copy of this order duly authenticated by the Sheristedar of this Court.

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(iv)The application is allowed in the aforesaid terms and stands disposed off accordingly.

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 (V. G. BISHT, J.)

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Digitally signed by ARTI ARTI VILAS VILAS KHATATE KHATATE Date: 2021.10.29 12:48:45 +0530

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AVK 5/5

Vikas @ Vicky Ankush Bhise v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vikas @ Vicky Ankush Bhise v. the State of Maharashtra

Case brief

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What did the court decide?

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