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2025 DAILYLAW 74554 (BOM)

KISHOR SOPAN GADEKAR v. THE STATE OF MAHARASHTRA

ABA/2451/2025 · 2025-12-03

Shri Shivkumar Dige

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

72-ABA-2451-2025 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2451 OF 2025 Kishor Sopan Gadekar ...Applicant Versus The State Of Maharashtra ...Respondent Mr. Jaydeep D. Mane for the applicant Ms. P. S. Rane APP for the State CORAM : SHIVKUMAR DIGE, J. DATE : 3rd DECEMBER, 2025. P.C. 1. Applicant is apprehending his arrest in C.R. No. 828 of 2025 registered with Sangola Police Station, District: Solapur for offences punishable under Sections 115(2), 118(1), 119(1), 3(5), 351(2), 351(3) and 352 of Bhartiya Nyay Sanhita, 2023. 2. It is the prosecution’s case that on 10th October 2025, the applicant and co-accused and two unknown persons gave dash to the motorcycle of the first informant, when the first informant confronted with the applicant and co-accused, it is alleged that applicant and co- accused assaulted the first informant with stone, fist and kick blows, snatched gold chain and Rayban goggle and threatened the complainant to kill him. Page 1 of 3 Iresh IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2025.12.05 15:36:50 +0530 72-ABA-2451-2025 (CR).DOC 3. It is contention of learned counsel for applicant that the applicant had filed complaint against the first informant. To counter it, present complaint is filed. In counter case, the first informant and other co-accused have been released after giving notice. Considering the allegations against the applicant, his custodial interrogation is not required. Hence, requested to allow the application. 4. It is contention of learned APP that applicant and co- accused assaulted the first informant with fist and kick blows and stone, snatched gold chain and Rayban goggle from his custody. Considering the allegations against the applicant, his custodial interrogation is required. Hence, requested to reject the application. 5. I have heard both learned counsels, perused F.I.R. and documents produced on record. It appears from the record that the applicant and first informant have filed cross complaints against each other. The first informant has been granted bail by giving notice by police. The injuries suffered by the first informant are simple in nature. Considering the allegations against the applicant, his custodial interrogation is not required and I pass following order: O R D E R I. Application is allowed. Page 2 of 3 Iresh 72-ABA-2451-2025 (CR).DOC II. In the event of arrest, applicant be enlarged on bail in C.R. No. 828 of 2025 registered with Sangola Police Station, District: Solapur on furnishing P.R. Bond in the sum of Rs. 20,000/- with one or two sureties in the like amount. III. The applicant shall attend the concerned police station as and when required. IV. The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. V. Application is disposed off in above terms. VI. All concerned to act on authenticated copy of this order. (SHIVKUMAR DIGE, J.) Iresh