Krashna Angad Gaikwad v. The State Of Maharashtra

2025:BHC-AUG:1933

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 BAIL APPLICATION NO. 10 OF 2025 KRASHNA ANGAD GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. More P. P.

APP for Respondent-State : Mr. A. A. A. Khan WITH ANTICIPATORY BAIL APPLICATION NO. 1887 OF 2024 DHIRAJ MALHARI SONAWANE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Adv. Vasundhara Patil h/f. Adv. S. G. Sonawane APP for Respondent-State : Mr. A. A. A. Khan ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 23.01.2025 P.C. :

1] Heard learned counsel for the applicant in BA No. 10 of 2025 and the learned APP for the respondentState. 2] The applicant in BA No. 10 of 2025 is seeking bail as he was arrested in connection with Crime No. 101 of 2024, dated 01.05.2024, registered with Shirur Anantpal

Police Station, Tq. Shirur Anantpal, District Latur, for the offences punishable under sections 307, 143, 147, 149, 336, 327, 323, 504, 506 of Indian Penal Code.

3] The learned counsel for the applicant submits that By order dated 22.10.2024, the Additional Sessions Judge Nilanga has granted Regular Bail in favour of coaccused namely Meghraj Gaikwad in Cri. Bail Application No. 131 of 2024. The learned counsel for the applicant submits that the role of the applicant is less than the role of the accused Meghraj s/o. Laxamn Gaikwad. He submits that the role of Meghraj as alleged in the F.I.R. is that he has used sharp weapon and caused injury on the vital part of the body. However he has been released on bail by the Sessions Court. The learned counsel submits that the applicant was arrested on 10.12.2024 and that he is in custody since then. He further submits that the role which is assigned to the applicant is that the applicant assaulted the victim on knee by iron rod and victim has suffered fracture injury and the injury sustained is not on the vital part of the body. The learned counsel submits that further custody of the applicant may not be warranted as he is in custody since 10.12.2024 and trial may take long time to conclude.

4] Per contra, the learned APP submits that the injury caused to the injured is grievous in nature and the

same is at the instance of the applicant, therefore, bail may not be granted in favour of the applicant.

5] Considering the rival submissions of the parties, large number of people are involved in fight and role of each applicant would taken considerable time to establish before the trial court. Considering that the co-accused namely Meghraj is released on regular bail by the Sessions Court and the trial court may take long time to conclude the trial, the applicant is also granted bail.

6] In view of the above, the BA No. 10 of 2025 is allowed in the following terms :

a] The applicant in BA No. 10 of 2025 shall be released on bail in connection with Crime No. 101 of 2024, dated 01.05.2024, registered with Shirur Anantpal Police Station, Tq. Shirur Anantpal, District Latur, for the offences punishable under sections 307, 143, 147, 149, 336, 327, 323, 504, 506 of Indian Penal Code, on furnishing PR bond of Rs. 20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

b] The applicant in BA No. 10 of 2025 shall not enter the jurisdiction of Shirur Anantpal Police Station, Dist. Latur during pendency of the trial

except one day prior to the date of trial and one day thereafter.

c] The applicant in BA No. 10 of 2025, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.

d] The applicant in BA No. 10 of 2025 shall cooperate with the trial Court and he shall attend each and every date, unless exempted by the trial Court. e] The applicant in BA No. 10 of 2025 shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

f] The applicant in BA No. 10 of 2025, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.

7] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal

of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The Bail Application No. 10 of 2025 stands disposed of.

[ARUN R. PEDNEKER] JUDGE PRW