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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5), 351(2), 352
Subjects
- anticipatory bail
- Section 482
- criminal antecedents
- assault
- theft
- Bharatiya Nyaya Sanhita
- bail conditions
Judgment
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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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