Amol Sachin Kale v. The State Of Maharashtra
2025:BHC-AUG:4676 -1- BA.79.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.79 OF 2025 Amol S/o. Sachin Kale, Age : 19 years, Occu. : Labour, R/o. Patra Colony, Waluj, Tq. Gangapur, Dist. Aurangabad.
... Applicant
Versus
State of Maharashtra (At the instance of Waluj Police Station, Tal. Gangapur, Dist. Aurangabad) ... Respondent ......
Mr. Shaikh Nasimoddin Rafiyoddin, Advocate for Applicant Mr. C. V. Bhadane, APP for Respondent - State ......
CORAM : ABHAY S. WAGHWASE, J.
DATED : 18 FEBRUARY, 2025 ORDER :
1.
Present application is for grant of regular bail on account of arrest of applicant in Crime No. 0281 of 2024 registered at Waluj Police Station, District Aurangabad for offence punishable under sections 109, 189(2), 189(4), 190 and 191(2) of the Bharatiya Nyaya Sanhita.
2.
Learned counsel for applicant submitted that, applicant is arrested in above crime, which was registered on 12.10.2024. That, as regards to present applicant Amol is
-2- BA.79.2025 concerned, there are allegations that he and others gave beating to the informant by kicks and fist blows. That, allegation of use of knife are against Sachin Kale. Learned counsel pointed out that, this court by order dated 09.01.2025 granted bail to other accused, against whom there were similar allegations. Therefore, on the ground of parity also, learned counsel seeks grant of bail. 3.
Learned APP opposed on the ground that applicant is named in the FIR. His role is also coming on record and therefore, for such reasons, he opposed the application. 4.
Perused the FIR at the instance of one Ejaj @ Chiwa Thaksen Kale, who reported police that on 12.10.2024, at around 2:30 p.m., when he and his family members were attending male buffalo/ox fair, at that time, his brother Sachin, who was drunk asked him to seek partition of field from father and when informant allegedly gave understanding, that time, Sachin took out knife and assaulted informant and he managed to ward it off, but suffered injury to head. He has further reported that, at that time, wife of Sachin namely Suvarna, son Amol (present applicant) and cousin Mixes gave him kicks and fist blows. This court by order dated 09.01.2025 has already granted bail to wife, against whom there are similar allegations, therefore applicant succeeds on the ground of parity. Hence, I proceed to pass the following order :-
-3- BA.79.2025
ORDER
(i) The Application is allowed.
(ii) Applicant Amol S/o. Sachin Kale be released on bail in connection with Crime No. 0281 of 2024 registered with Waluj Police Station, District Aurangabad on executing P.B. of Rs.15,000/- with one surety in the like amount.
(iii) Applicant shall not tamper prosecution evidence. (ABHAY S. WAGHWASE, J.) Tandale