Bharat Dewands Keswani vs State of Maharashtra

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23 ABA 2663.25.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.2663 OF 2025

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Bharat Dewandas Keswani …Applicant Versus State of Maharashtra …Respondent

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Mr. Hrishikesh Mundargi a/w Paavani Chadha, for Applicant. Mr. S.A. Karmakar, APP for the Respondent-State. PSI, Bharat Borade, Khadak Police Station, Pune City, present.

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CORAM: MADHAV J. JAMDAR, J. DATED : 29^th September 2025

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P.C.:

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Heard Mr. Mundargi, learned Counsel appearing for the Applicant and Mr. Karmakar, learned APP for the RespondentState.

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This is an Application filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking prearrest bail in connection with C.R. No.409 of 2025, registered with Khadak Police Station, Pune, for the offences punishable under Sections 109, 115(1), 118(1), 189(2), 190, 191(1), 191(2), 351(2), 352 of Bhartiya Nyaya Sanhita, 2023 (“B.N.S.”).

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As per the prosecution case on 27^th April 2025 at 1.30 p.m. when the First Informant was coming home, he stopped near Lal Building, Chowk, Bhavani Peth to assist one Mr. Mohsin Sheikh. At that time, a rickshaw stopped in front of them and a woman got down from the same, which caused a traffic jam. The Accused No.1 abused and got off from the car and started beating the First Informant with hands. Accused Nos.1 and 2 threw stones at the First Informant, which hit the Informant’s left hand and waist. The Accused No.2 knocked the First Informant down and held his both hands, and started strangling the First Informant with intention to kill him. It is the case of the prosecution that the brothers of First Informant came there to rescue him, but Accused Nos. 1 and 2 again started beating him.

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It is the submission of the learned Counsel for the Applicant that the Applicant i.e. Accused No.4 is a senior citizen of 67 years. The Applicant has not participated in the actual assault. The Applicant has no antecedents. He submits that the Applicant will co-operate with the investigation.

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Learned APP strongly opposes granting pre-arrest bail to the Applicant.

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However, the Applicant is senior citizen of 67 years. Perusal of the F.I.R. shows that the Accused Nos.1 and 2 have played major role in the crime. Mr. Mundargi, learned Counsel for the Applicant states that, the Applicant will co-operate with the investigation.

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Thus, the Applicant is entitled to pre-arrest bail. Hence, following Order is passed:

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O R D E R

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(i) In the event of arrest in C.R. No.409 of 2025, registered with Khadak Police Station, Pune, for the offences punishable under Sections 109, 115(1), 118(1), 189(2), 190, 191(1), 191(2), 351(2), 352 of Bhartiya Nyaya Sanhita, 2023 (“B.N.S.”), the Applicant- Bharat Dewandas Keswani be released on bail on executing P.R. bond of Rs.25,000/- and furnishing one or two sureties in the like amount.

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23 ABA 2663.25.DOC

(ii) The Applicant shall attend the concerned Police Station as and when called by the Investigating Officer.

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(iii) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

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(iv) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

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