Yuvraj Ankush Sirsath Vs the State of Maharashtra and Others — Bombay HC (2025) — LawSathi Research

Yuvraj Ankush Sirsath Vs the State of Maharashtra and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to all four applicants: in the event of arrest in Crime No. 350 of 2024 (Chaklamba Police Station, District Beed), release on bail on furnishing PR bond of Rs. 20,000/- each with one or two sureties in the like amount, subject to conditions (attendance at police station as required by the IO; no tampering with evidence or influencing informant/witnesses; cooperation with investigation and trial; no threatening of complainant or witnesses), breach liable to cancellation. Criminal Application No. 33 of 2025 (advocate to assist APP) also allowed.

Issue for consideration

Whether the applicants are entitled to anticipatory bail in the event of arrest in Crime No. 350 of 2024 (Chaklamba Police Station, District Beed) for offences punishable under Ss. 118(2), 118(1), 352, 351(2), 189(2), 191(2), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023.

Court's answer

Considering that other family members of the applicants have been granted bail and the nature of the injuries, relief (anticipatory bail) needs to be granted to the applicants.

Ratio / Principle

In the event the applicants are arrested in connection with Crime No. 350 of 2024, they shall be released on bail on furnishing a PR bond of Rs. 20,000/- each with one or two sureties in the like amount to the satisfaction of the trial Court.

Key takeaways

Conditions imposed on the applicants: to attend the police station as and when required by the Investigating Officer; not to tamper with prosecution evidence or influence the informant, witnesses and other persons concerned; to cooperate with the investigation and trial Court proceedings; and not to threaten the complainant or the witness.ratio¶30
In the event the applicants violate any of the conditions specified in the order, the bail shall be liable to be cancelled.ratio¶35

Detailed headnote1 paragraphs

Criminal Law — Anticipatory bail — Offences punishable under Ss. 118(2), 118(1), 352, 351(2), 189(2), 191(2), 191(3), 190, Bharatiya Nyaya Sanhita, 2023 — Crime No. 350 of 2024 dated 27.11.2024, Chaklamba Police Station, District Beed — Applicant No.1 and informant are neighbours; fight between them; applicant No.1 assaulted informant and his family members; medical certificate of injured produced; three family members of applicants already arrested and released on bail — Held, considering that other family members of the applicants were granted bail and the nature of the injuries, relief warranted; anticipatory bail granted — Each applicant to furnish PR bond of Rs. 20,000/- with one or two sureties in the like amount, with conditions as to attendance on the Investigating Officer, non-tampering, non-influencing, cooperation and abstention from threats; breach liable to cancellation — Observations confined to disposal of the anticipatory bail application; trial Court to proceed uninfluenced — Criminal Application No. 33 of 2025 permitting advocate to assist the APP allowed — (Arun R. Pedneker, J.; 07.01.2025).

2025:BHC-AUG:292

1

2162.24 ABA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

919 ANTICIPATORY BAIL APPLICATION NO. 2162 OF 2024 WITH

CRIMINAL APPLICATION NO. 33 OF 2025 IN ABA/2162/2024

HARI @ HARIBHAU DADASAHEB AARBAD

GANESH TIRTHRAJ AARBAD

SHIDHESHWAR S/O. PARAJI AARBAD

DHARMRAJ S/O. HANUMANT AARBAD VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicants : Mr. S. E. Shekade APP for Respondents-State: Mr. N. B. Patil

Advocate for assist to APP : Mr. A. S. Deshpande

CORAM : ARUN R. PEDNEKER, J. DATE : 07.01.2025

P.C. :

1] Criminal Application No. 33 of 2025 filed for assisting the learned APP is allowed. Mr. A. S. Deshpande, learned Advocate is allowed to assist the APP.

2] Heard learned counsel for the applicants, the learned APP for the respondents-State and Mr. A. S. Deshpande, learned Advocate assisting APP.

3] The applicants are apprehending arrest in connection with Crime No.350 of 2024 dated 27.11.2024, registered at Chaklamba Police Station, District Beed, for

2

2162.24 ABA

the offences punishable under sections 118(2), 118(1), 352, 351(2), 189(2), 191(2), 191(3), 190 of Bharatiya Nyaya Sanhita, 2023.

4] The applicant No.1 and the informant are neighbours and there was fight between them. The applicant No.1 has assaulted the informant and other family members of the informant. The medical certificate of injured is produced. Already three family members of the applicants are arrested and released on bail.

5] The learned counsel for the applicants submit that considering the nature of injuries, which are simple and there is dispute between neighbours, further custodial interrogation of the applicants is not necessary and they may be granted anticipatory bail.

6] Mr. A. S. Deshpande, the learned counsel assisting APP submits that the applicants are threatening the informant and family members and as such, anticipatory bail shall not be granted to the applicants.

7] Considering that the other family members of the applicants are granted bail and nature of injuries I hold that relief needs to be granted to the applicants. In view of the above, the application is allowed in the following terms :

3

2162.24 ABA

i] In the event the applicants are arrested in connection with Crime No.350 of 2024 dated 27.11.2024, registered at Chaklamba Police Station, District Beed, for the offences punishable under sections 118(2), 118(1), 352, 351(2), 189(2), 191(2), 191(3), 190 of Bharatiya Nyaya Sanhita, 2023., they shall be released on bail on furnishing PR bond of Rs. 20,000/- each with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicants shall attend the police station as and when required by the Investigating Officer.

iii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

v] The applicants shall not in any manner threaten the complainant or the witness.

4

2162.24 ABA

8] In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled.

9] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

10] The applications stand disposed of.

[ARUN R. PEDNEKER] JUDGE

PRW