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Bombay High Court

VIPUL BABANRAO INGAWALEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The court granted anticipatory bail to Vipul Babanrao Ingawale with conditions.

Summary

The High Court of Bombay considered an anticipatory bail application filed by Vipul Babanrao Ingawale under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with offences under Sections 109, 3(5), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. The FIR alleged that the accused assaulted the complainant near Ruby Hall Clinic, stole his motorcycle key, threatened him, and caused grievous injuries. The applicant had seven prior criminal antecedents, the most recent in 2016, while a co‑accused, Anand Raju Reddy, had already been granted anticipatory bail. The court noted that the incident was a spur‑of‑the‑moment scuffle over a trivial issue and that the antecedents were old, finding a case for bail. Consequently, the court granted anticipatory bail with standard conditions, directing the applicant to cooperate with the investigation and refrain from influencing witnesses.

Issues considered

  • Whether anticipatory bail should be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the alleged offences and the applicant's criminal antecedents.
  • Whether the existence of multiple prior convictions, albeit old, precludes the grant of anticipatory bail.
  • Whether the grant of anticipatory bail to a co‑accused influences the decision on the applicant's bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • criminal antecedents
  • assault
  • theft
  • Bharatiya Nyaya Sanhita
  • bail conditions

Judgment

                                                      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



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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




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      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 19 th December 2024 in

Anticipatory Bail Application No. 3457 of 2024. He submits that

the role of the present Applicant and co-accused-Anand Raju




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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




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      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.




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7.    Accordingly, a case is made out for grant of Anticipatory Bail.

In view thereof, the following order is passed:

                               ORDER

      (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.


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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.

      (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.]




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