Sawpnil Sunil Masal vs the State of Maharashtra

By the present application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“ BNSS ”) the Applicant is seeking pre-arrest bail in connection with C.R. No.797 of 2025 registered with Indapur Police Station, District Pune Rural on 20^th October 2025 for the offences punishable under Sections 4(25), of Indian Arms Act, 1959 and under Sections 115(2), 118(1), 119(1). 189(2), 190, 191(2), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 (“ BNS ”).

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It is the prosecution case that, that Applicant and CoAccused assaulted the First Informant and other injured.

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It is submitted by Mr. Latpate, learned Counsel appearing for the Applicant that the FIR lodged is totally false FIR. Learned Counsel submits that Sandeep Bharat Solankar, friend of the present Applicant, has lodged FIR being C.R. No.796 of 2025 on 20^th October 2025 at 21:19 with Indapur Police Station, Pune Rural and as a counter blast the subject FIR has been lodged. He submits that in the said incident said Sandeep Bharat Solankar was injured and other Accused in said case suffered grievous injuries and therefore, false FIR has been lodged on 20^th October 2025 at 21:56 being C.R. No.797 of 2025. He further states that none has suffered any injury as far as the subject FIR is concerned. He submits that although there are three antecedents, the Applicant has been released on bail in those cases.

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On the other hand, Mr. Mangaonkar, learned APP, strongly opposes the Anticipatory Bail Application. He submits that the offence is very serious and therefore, the custodial interrogation is necessary. He submits that there are three antecedents.

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Perusal of the record shows that the FIR being C.R. No.796 of 2025 has been registered on 20^th October 2025 and the same has been lodged by Sandeep Bharat Solankar who is Accused No.1 in the subject FIR being C.R. No.797 of 2025.

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Perusal of the record further shows that, even there is no injury certificate. Thus, prima facie there is substance in the contention of Mr. Latpate, learned Counsel appearing for the Applicant that in the subject FIR none of the alleged injured persons suffered any injuries and said FIR is a false FIR which has been filed as counter blast to C.R. No.796 of 2025 registered by the Applicant.

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Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

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O R D E R

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(a) In the event of arrest of the Applicant - Swapnil Sunil Masal in connection with C.R.797 of 2025 registered with Indapur Police Station, Pune Rural is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.1,00,000/- with one or two solvent sureties in the like amount.

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(b) The Applicant shall attend the concerned Police Station on 28^th January 2026 and 29^th January 2026 and thereafter on every Sunday between 11.00 a.m.

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to 2.00 p.m. and shall co-operate with the investigation.

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

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(d) 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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(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

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(f) The Applicant shall not leave India without prior permission of the Court.

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