Suraj @ Sujal Bharat Patarwale And Another v. The State Of Maharashtra

2025:BHC-AUG:5525 {1} BA 182 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 182 OF 2025 1) Suraj @ Sujal Bharat Patarwale Age: 20 years, Occu.: Education, R/o. Adas, Tq.Kaij,Dist.Beed.

2) Sonya @ Pratik s/o Shivshankar Akuskar Age: 19 years, Occu.: Education, R/o. Adas, Tq.Kaij, Dist.Beed.

(At present in District Prison, Class-2, Beed) ....Applicants (Ori. Accused Nos.4 & 3)

Versus

.

The State of Maharashtra Through Police Station Officer, Dharur Police Station, Tq.Dharur, Dist.Beed.

.....Respondent .....

Advocate for Applicants : Mr. Akash D. Gade APP for Respondent : Ms.Vaishali S.Chaudhari .....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 27 FEBRUARY, 2025 ORDER :

1.

Applicant seeks grant of regular bail on account of his arrest in crime no.0015 of 2025 registered at Dharur Police Station, Dist.Beed, for offence under Sections 109, 118(1), 115(2), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita and under Sections 3, 4 and 25 of the Arms Act.

{2} BA 182 OF 2025 2.

Pointing to the date of arrest as 12-01-2024, learned counsel submitted that there is false implication. That, present applicants are accused nos.3 and 4. That, only allegations against them are of giving kick and fist blows. That, they are not responsible for other acts which are attributed to other accused. Consequently, he submits that there are mere allegations of giving kick and fist blows. That, nothing is to be recovered or discovered from them. Therefore, their custody is unwarranted. Learned counsel submits that they are ready to abide by any condition imposed upon them.

3.

Learned APP opposed on the ground that applicants are named in the FIR. That, investigation is still in progress. Therefore, learned APP opposed bail application.

4.

Heard. Perused the FIR dated 12-01-2025 at the instance of one Akash Akuskar. It is reported that on 11-01-2025, when informant was in Nisarg Hotel, four persons including present applicants came there and in the backdrop of some dispute, which had taken place two days back, Sangharsha took out knife and inflicted blow, which was warded off causing him injury near the ear

{3} BA 182 OF 2025 and head. As regards to present applicants i.e. Suraj and Sonya are concerned, as pointed out, allegations are of giving kick and fist blows. Therefore, considering such nature of allegations against present applicants and when nothing is shown to be recovered or discovered at their instance, they deserve protection as prayed. Hence, the following order :

ORDER

(i) Application is allowed.

(ii) Applicant nos.(1) Suraj @ Sujal s/o Bharat Patarwale and (2) Sonya @ Pratik s/o Shivshankar Akuskar be released on bail in connection with Crime no.0015 of 2025 registered with Dharur Police Station, Dist. Beed on executing Personal Bond of Rs.15,000/- each with one surety in the like amount each (iii) Applicants shall not tamper prosecution evidence. (iv) Applicants shall not enter into vicinity of Adas, Tq.Kaij, Dist.Beed, till conclusion of trial. ( ABHAY S. WAGHWASE ) JUDGE SPT