Chitra Sonawane. 11-aba-1540-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 1540 of 2025 Yashwant Appaso Mali Age 66, Occ. Business, Add- 10/733, Gosavi Galli, To the West of Shahu High School, Ichalkaranji, Tal. Hatkanangale, District Kolhapur. … Applicant versus The State of Maharashtra (Through PI Shivajinagar Police Station, Dist. Kolhapur.) …Respondent ---- Mr Pratik G Tare, for the Applicant. Mr Prashant Jadhav, APP, for Respondent / State. PSI Pravin Sane, Shivajinagar Police Station, Kolhapur, is present. ---- Coram: R.N. Laddha, J. Date: 24 July 2025. P.C.: By this application, the applicant seeks pre-arrest bail in connection with CR No.303 of 2025, registered at Shivajinagar Police Station, Kolhapur, for offences punishable under Sections 115(2), 118(1), 118(2), 318(1), 352, and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. It is the case of the prosecution that on 30 April 2025, the __________________________________________________ 24 July 2025 CHITRA SANJAY SONAWANE Digitally signed by CHITRA SANJAY SONAWANE Date: 2025.07.25 21:27:06 +0530 Chitra Sonawane. 11-aba-1540-2025.docx informant and his sons went to the applicant’s house to discuss the partition of the property. The situation escalated with the applicant hurling abuses, issuing threats to them, and physically assaulting the informant using punches. Amid the chaos, the co- accused, Sumit, assaulted the informant and his sons with an iron rod, causing injuries. 3. Mr Pratik Tare, the learned Counsel appearing on behalf of the applicant, asserting the applicant’s innocence, contends that the applicant has been falsely implicated in the crime. The informant and his associates were the aggressors in the incident, and a counter-FIR has been registered against them, which is prior in time. According to the learned Counsel, even as per the allegations in the FIR, the applicant’s role is limited to allegedly assaulting the informant with punches, and no weapon has been used by the applicant. Nothing is to be recovered or discovered from the applicant, rendering his custody unwarranted. Furthermore, the learned Counsel submits that the applicant is ready to abide by any conditions this Court imposes if granted pre-arrest bail. 4. Mr Prashant Jadhav, the learned Additional Public Prosecutor representing the respondent/ State, opposes the applicant’s request and contends that the offence is of a serious __________________________________________________ 24 July 2025 Chitra Sonawane. 11-aba-1540-2025.docx nature. The applicant assaulted the informant with fist blows, and the co-accused, his son, assaulted the informant as well as his children using an iron rod, causing multiple fractures. The weapon used in the crime is yet to be recovered, and the investigation is ongoing. If the applicant is granted discretionary relief, he may tamper with the evidence or influence witnesses. 5. This Court has given anxious consideration to the rival contentions and perused the records. 6. Upon a bare reading of the records, more particularly the contents of the FIR, it appears that the accusations against the applicant solely revolve around the applicant allegedly hurling abuses and threatening the informant and his sons and assaulting the informant with punches. Admittedly, no weapon has been used by the applicant to assault the informant or his sons. There is nothing to be recovered or discovered from the applicant. Furthermore, a counter-FIR has also been filed against the informant and his sons. The prosecution’s apprehensions regarding potential evidence tampering and witness influence can be addressed by imposing appropriate conditions. In these circumstances, this Court is inclined to exercise its discretion in favour of the applicant. Hence, the __________________________________________________ 24 July 2025 Chitra Sonawane. 11-aba-1540-2025.docx following order: ORDER (i) In the event of the applicant’s arrest in CR No.303 of 2025, registered at Shivajinagar Police Station, Kolhapur, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount. (ii) The applicant shall attend the concerned Police Station as and when required by the investigating officer. (iii) The applicant, himself or through any other person, shall not tamper with the evidence or influence witnesses. 7. The application stands disposed of accordingly. (R.N. Laddha, J.) __________________________________________________ 24 July 2025