918 ABA-2551-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2551 OF 2026 Vipul Babanrao Ingawale …Applicant Vs. State of Maharashtra …Respondent Mr. Akshay Dingale a/w. Mr. Harish Garde i/b Vivek N. Arote, for the Applicant. Mr. S.V. Walve, APP for the Respondent No.1-State. CORAM: MADHAV J. JAMDAR, J. DATE : 23rd SEPTEMBER, 2026 P. C.: 1. Heard Mr. Dingale, learned counsel appearing for the Applicant and Mr. Walve, learned APP appearing for the Respondent-State. 2. By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre- arrest bail in connection with C.R. No.173 of 2024 registered with Koregaon Police Station, Pune City for the offences punishable under Sections 109, 3(5), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case is set out in paragraph No. 2 of the order dated 29th January 2025 passed by learned Additional 23rd September, 2026 918 ABA-2551-2026.DOC skt Sessions Judge, Pune in Criminal Bail Application No. 316 of 2025, which reads as under :- 2] CR No. 173/2024 is registered in Koregaon Park Police Station, Pune against applicant/accused Vipul Babanrao Ingawale and Anil Reddy for offence punishable under sections 109, 352, 351(2), 3(5) of Bhartiya Nyaya Sanhita. The complainant is Suraj Subhash Shirole. As alleged in the FIR, on 09.11.2024, after midnight i.e. at 1-30 a.m. on 10.11.2024, the complainant and his friend Akash Bhalshankar were returning after completing their work of online delivery. At that time, they had reached near the main gate of Ruby Hall Clinic. The complainant and his friend were discussing the work of next day at said spot. At that time, accused No.1 Anil Reddy and No.2 Vipul Babanrao Ingawale approached the complainant and asked him as to why he was starring at them. Both of them started to abuse the complainant and his friend and removed key of his motorcycle. When the complainant objected, both accused threatened to kill him. The accused attempted 23rd September, 2026 918 ABA-2551-2026.DOC skt blow of fighter on the head of the complainant. The complainant tried to dodge the same. However, he received blows on his face and nose. Thereby the complainant sustained injury. Thereafter, both accused left the spot saying that they are 'BHAIS' of said area. The complainant's friend Akash took him to Koregaon Park Police Station. The police referred the complainant to Sassoon Hospital. In the hospital, it was revealed that the complainant has sustained grievous injuries on his face and nose. After receiving treatment, the complainant again approached the police station and lodged report. Accordingly, CR No. 173/2024 is registered against both accused. The present application is filed by applicant/accused for anticipatory bail.” 4. Mr. Dingale, learned counsel for the Applicant submitted that there are total two accused and the co-accused Anand Raju Reddy has been granted anticipatory bail by a learned Single Judge (Coram : Manish Pitale, J.) by order dated 19th December 2024 in Anticipatory Bail Application No. 3457 of 2024. He submits that the role of the present Applicant and co-accused-Anand Raju 23rd September, 2026 918 ABA-2551-2026.DOC skt Reddy is the same. He submits that although there are seven antecedents, the last one is of the year 2016 and therefore anticipatory bail be granted. 5. On the other hand, Mr. Walve, learned APP strongly opposes the application. He submits that there are total seven antecedents. As far as the Applicant is concerned, the Applicant has used the weapon. To substantiate this contention, he pointed out paragraph 4 of the said order dated 29th January 2025, which reads as under :- “4] Advocate Shri. Madewad argued at length and submitted that after rejection of earlier anticipatory bail application, the Hon'ble High Court has granted Anticipatory Bail Application filed by co-accused Anil @ Anand Raju Reddy. In view of said change in circumstances, present application is tenable. Advocate Shri. Madewad further submitted that on the night of incident, there was minor scuffle between the complainant and his friend on one side and both accused on other side. Said scuffle had took place on 23rd September, 2026 918 ABA-2551-2026.DOC skt the ground of overtaking motorcycle on the road. Advocate Shri. Madewad further submitted that the complainant has not sustained any serious injury. Only after visiting the hospital, the doctors opined that the complainant has sustained grievous injury and thereupon he realized the nature of injury. The incident has occurred in sudden fight. There was no intention to cause death. Under such circumstances, at the most section 325 or 326 of IPC will attract. Those are triable by Judicial Magistrate Fist Class. Nothing is to be recovered at the instance of applicant/accused. Hence, application be allowed.” 6. Perusal of the record shows that the incident has taken place on a spur of moment. It appears that the incident has taken place on very trivial issued of overtaking of motorcycle. Although, there are seven antecedents against the Applicant, however, the last is of the year 2016. The co-accused having almost similar role has been granted anticipatory bail by a learned Single Judge by order dated 19th December 2024. Page 5 of 7 23rd September, 2026 918 ABA-2551-2026.DOC skt 7. Accordingly, a case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed: O R D E R (a) In the event of arrest of the Applicant-Vipul Babanrao Ingawale in connection with C.R. No.173 of 2024 registered with Koregaon Police Station, Pune City, the Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs. 30,000/- with one or two solvent sureties each in the like amount. (b) The Applicant shall attend the concerned Police Station as and when called by the Investigating Officer and cooperate with the investigation. (c) The Applicant shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (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. Page 6 of 7 23rd September, 2026 918 ABA-2551-2026.DOC skt (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. (f) The Applicant shall not leave India without prior permission of the Court. 8. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] 23rd September, 2026