Dipesh Suhas Bangar vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Dipesh Suhas Bangar vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed: in the event of arrest, the Appellant Dipesh Suhas Bangar to be released on bail in Crime No.149 of 2022 on executing a P.R. Bond of Rs.30,000/- with one or two sureties in the like amount; the Appellant shall attend the concerned Police Station as and when required and shall not contact/influence or threaten or pressurize the complainant or otherwise tamper with the prosecution evidence/witnesses; all pending Applications disposed of.

Issue for consideration

Whether the Appellant, apprehending arrest in Crime No.149 of 2022, is entitled to bail in this appeal after the Special Court rejected his Bail Application. +1 more

Court's answer

Considering the facts of the case, custodial interrogation of the Appellant is not required.

Ratio / Principle

The investigation is complete and the charge-sheet has been filed; there are no allegations that the Appellant was part of the group which assaulted the first informant and his brother, and no specific allegations of abuse on caste against him; the incident occurred in 2022.

Detailed headnote1 paragraphs

Criminal Appeal No.475 of 2025, High Court of Judicature at Bombay (Shivkumar Dige, J.), decided 09 July 2025 — Dipesh Suhas Bangar v. State of Maharashtra & Anr. Appeal against the Special Court's rejection of the Appellant's bail application; the Appellant apprehended arrest in Crime No.149 of 2022 registered with Vashind Police Station, District-Thane (Rural), for offences punishable under Sections 392, 324, 143, 147, 148, 149, 504 and 506 IPC and Section 3(1)(k)(s)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, arising out of an incident of 5 November 2022 (FIR dated 9 November 2022) in which a gold chain was allegedly snatched and caste abuse alleged. The Court found the investigation completed and charge-sheet filed, noted the other co-accused had been released on bail by this Court, and held that there were no allegations of the Appellant being part of the assaulting group nor specific allegations of caste abuse against him; custodial interrogation was held not required. The Appeal was allowed: on arrest, the Appellant is to be released on a P.R. Bond of Rs.30,000/- with one or two sureties, subject to conditions of attendance at the police station as required and non-contact with, or non-tampering of, the complainant and prosecution evidence/witnesses.

32-APEAL-475-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.475 OF 2025

Dipesh Suhas Bangar …. Appellant

V/s.

State of Maharashtra & Anr. …. Respondents

Digitally signed NILAM by NILAM SANTOSH SANTOSHKAMBLE KAMBLE Date: 2025.07.11

Date: 2025.07.11 17:40:02 +0530

Mr.Shekhar Ingawale, for the Appellant. Ms.Shilpa K. Gajare, APP, for Respondent No.1-State. Ms.Kanchan Pawar, for Respondent No.2. Mmr.Raosaheb L. Wagh, PSI, Wasind Police Station.

CORAM : SHIVKUMAR DIGE, J.

DATE : 09^th JULY 2025

P.C:-

. The Special Court has rejected the Bail Application of the

Appellants.

The Appellant is apprehending arrest, in connection

with investigation of Crime No.149 of 2022, registered with Vashind Police Station, District-Thane (Rural) for the offences punishable under Sections 392, 324, 143, 147, 148, 149, 504

and 506 of the Indian Penal Code (‘IPC’ for short) and Sections

N.S. Kamble page 1 of 4

32-APEAL-475-2025.doc

3(1)(k)(s)(r) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SCST’ Act).

The case of the prosecution is that, on 5^th November 2022, the informant received a telephonic call of his cousin informing that, he is assaulted and abused by the accused Nayan Vekhande and he should immediately reach the spot. Accordingly the informant reached the spot and saw that, Nayan Vekhande and others were assaulting his cousin. The informant and his brother tried to intervene to rescue their cousin, however, the accused threatened them and abused them on the basis of their caste. Accused Devidas Bangar snatched the gold chain from the neck of the informant. The first informant had suffered injuries. The FIR was registered on 9^th November 2022.

It is contention of the learned counsel for the Appellant that, except Appellant all other co-accused have been released on Anticipatory bail by this Court, hence, Appellant is entitled for bail on the ground of parity. The learned counsel further submitted that, there is allegations against the Appellant about abuse on caste. The learned counsel further submitted

N.S. Kamble page 2 of 4

32-APEAL-475-2025.doc

that, there is no contention in the FIR that, the Appellant had used weapon and requested to allow the Appeal.

It is contention of the learned APP and learned counsel for Respondent No.2 that, the Appellant was part of the group who assaulted the first informant and his brother with weapons. The weapons are yet to be recovered and requested to dismiss the Appeal.

I have heard all learned counsel. Perused FIR and documents produced on record.

The investigation is completed. The charge-sheet has been filed against the Appellant. The other co-accused have been released on bail by this Court. There are no allegations against the Appellant that he was part of the group who assaulted first informant and his brother. There are no specific allegations against the Appellant about abuse on caste. The incident was happened in the year 2022.

Considering these facts, custodial interrogation of the Appellant is not required and I pass following order.

N.S. Kamble page 3 of 4

32-APEAL-475-2025.doc

ORDER

(i) The Appeal is allowed. (ii) In the event of arrest, the Appellant-

Dipesh Suhas Bangar, be released on bail in Crime No.149 of 2022, registered with Shahapur Police

Station, District-Thane (Rural), on executing a P.R. Bond in the sum of Rs.30,000/-with one or two sureties in the like amount.

(iii) The Appellant shall attend the concerned Police Station as and when required.

(iv) The Appellant shall not contact/influence or threaten or pressurize the complainant or otherwise tamper with the prosecution evidence/witnesses.

(v) The Appeal is allowed in the aforesaid

terms.

(vi) All pending Applications are disposed of.

(SHIVKUMAR DIGE, J.)

N.S. Kamble page 4 of 4