Dinesh Sanay Shinde and Others Vs the State of Maharashtra… — Anticipatory Bail | Bombay HC (2025)

Dinesh Sanay Shinde and Others Vs the State of Maharashtra… — Anticipatory Bail | Bombay HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest in Crime No.0212/2025 (Chikalthana Police Station), the Applicants to be released on bail on executing personal bond (P.B.) of Rs.15,000/- each with one surety in the like amount; Applicants to cooperate with the Investigating Machinery and attend the concerned Police Station as and when called; application stands disposed of.

Issue for consideration

Whether the Applicants, apprehending arrest in Crime No.0212/2025 registered with Chikalthana Police Station for offences under Sections 109 and 3(5) BNS, are entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. +1 more

Court's answer

Considering the role attributed to the Applicants (assault by stick) and that the Applicants themselves suffered injuries, the Court was inclined to allow the anticipatory bail application.

Key takeaways

The question of who was the aggressor was left open, to be decided at the time of Judgment after the evidence is led; it did not preclude grant of anticipatory bail.obiter¶¶20

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Neeraj P. Dhote, J. — Anticipatory Bail Application No.977 of 2025 allowed (decision dated October 01, 2025) for four Applicants (Dinesh Sanjay Shinde, Shubham Sanjay Shinde, Vishal Gorakh Shinde, Sunil Dadarao Deware) apprehending arrest in Crime No.0212/2025 registered with Chikalthana Police Station, Dist. Chhatrapati Sambhajinagar (Rural), for offences under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. An earlier FIR (CR No.0213/2025) for the same 30.04.2025 incident at the same police station invoked further BNS sections (118(2), 118(1), 119(1), 352, 351(2), 351(3), 3(5)) and Section 4/25 of the Arms Act, 1959; the role attributed to the Applicants was 'assault by Stick', and the papers showed the Applicants also suffered injuries; who was the aggressor was left to be decided at trial after evidence. Bail ordered on executing P.B. of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety in the like amount, with conditions to cooperate with the investigating machinery and attend the police station as called.

2025:BHC-AUG:27405

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.

ANTICIPATORY BAIL APPLICATION NO.977 OF 2025

Dinesh Sanjay Shinde

Shubham Sanjay Shinde

Vishal Gorakh Shinde

Sunil Dadarao Deware .. Applicants

Versus

The State of Maharashtra and Another .. Respondents

Shri. Ambar S. Barlota, Advocate for the Applicants Shri. B. B. Bhise, APP for the Respondents – State.

CORAM : NEERAJ P. DHOTE, J. Dated : OCTOBER 01, 2025

PER COURT :-

. Since the Applicants are apprehending arrest in connection with Crime No.0212/2025 registered with Chikalthana Police Station, Dist. Chhatrapati Sambhajinagar (Rural) for the offence punishable under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’), this Application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for Anticipatory Bail.

Heard the learned Advocate for the Applicants and the learned APP for the State. Perused the papers on record.

The case of the Prosecution is that, in the night of 30.04.2025, when Harshal Parikh along with Witness had gone to the hotel belonging to the Applicant No.1 – Dinesh, the incident took place and

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the Applicants assaulted Harshal.

There is earlier FIR in respect of the same incident with the same

Police Station and CR No.0213/2025 came to be registered for the offences punishable under Sections 118(2), 118(1), 119(1), 352, 351(2), 351(3), 3(5) of the BNS, and Section 4/25 of the Arms Act, 1959. The role attributed to the Applicants is assault by Stick. The papers with the Application show that, the Applicants also suffered injuries. Who was the aggressor would be decided at the time of the Judgment after the evidence is led. In this view of the matter and considering the role attributed to the Applicants, I am inclined to allow the Application. Hence, the following order :

O R D E R

i) The Application is allowed. ii) In the event of arrest of the Applicants in connection with Crime No.0212/2025 registered with Chikalthana Police Station, Dist. Chhatrapati Sambhajinagar (Rural), they be released on bail on executing P.B. of Rs.15,000/- (Rupees Fifteen Thousand) each, with one surety in the like amount.

iii) The Applicants shall cooperate with the Investigating Machinery. iv) The Applicants shall attend the concerned Police Station as and when called.

v) The Application stands disposed off.

( NEERAJ P. DHOTE, J. )

GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 01/10/2025 19:43:44