Amit Madhav Gaikwad v. The State Of Maharashtra

24 BA NO. 204 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 24 BAIL APPLICATION NO. 204 OF 2025 Amit Madhav Gaikwad

VERSUS

The State Of Maharashtra ...

Mr. Satej. S. Jadhav and Mr. N. P. Chudiwal, Advocate for Applicant Mr. K. K. Naik, APP for Respondent/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 29.09.2025 PER COURT :- 1.

Heard.

2.

This is an application for granting of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.06 of 2024 registered at Jalkot Police Station, District Latur, for the offences punishable under Sections 302, 143, 147, 148 and 149 r/w Section 34 of the Indian Penal Act and Section 5/25 of the Arms Act. 3.

The learned advocate for the applicant pointed out the report, in which it is averred that a quarrel took place between Mahesh, son of the informant and Vikas on one side and the applicant on the other, over the issue of starting of a new online shop at Jalkot, District Latur. As a result of which, the applicant along with five co-accused assaulted Mahesh and Vikas with a knife. The informant witnessed that Vikas Suryawanshi was lying injured with wounds on his head and chest, while Mahesh was also lying on the ground. When the informant asked

(( 2 )) 24 BA NO. 204 OF 2025 Mahesh about the incident, he stated that Prakash, Sudarshan, Satish and the present applicant had assaulted him with a knife and at that time, one Shaileja Suryawanshi had caught hold of him and Vikas. Thereafter, Mahesh did not say anything further and both Mahesh and Vikas succumbed to their injuries while undergoing treatment at the Hospital. Accordingly, the report was lodged and the applicant and other co-accused were arrested. 4.

The learned advocate for the applicant submitted that the applicant has no criminal antecedents. The applicant has roots in the society and he will not flee away from the trial. At the time of incident, he was only 18 years of age. The trial will take a long period. It is lastly prayed to allow the application.

5.

The learned APP for the State strongly opposed the application and submitted that the applicant is involved in the serious crime of committing two murders. There is incriminating material against the applicant, including the testimony of eye-witnesses, which clearly implicates him in the crime. If the applicant is released on bail, he will certainly pressurize the prosecution witnesses and tamper with the evidence. It is lastly prayed to reject the application.

6.

Perused the charge-sheet, particularly the report and the statements of witnesses. The incident arose out of a dispute regarding the opening of an online shop at Jalkot, which subsequently resulted in the murder of two

(( 3 )) 24 BA NO. 204 OF 2025 person. The applicant is 18 years of age and has no criminal antecedents. The charge sheet has already been filed and the further custody of the applicant is not necessary. The applicant has roots in the society and he will not flee away from the trial. Considering all these aspects and on the principle that bail is rule and jail is exception, the application deserves to be allowed. Hence, the following order:

::ORDER::

I.

The application is allowed.

II.

The applicant, in connection with Crime No.06 of 2024 registered at Jalkot Police Station, District Latur, for the offences punishable under Sections 302, 143, 147, 148 and 149 r/w Section 34 of the Indian Penal Act and Section 5/25 of the Arms Act, be released on bail on furnishing personal bond of Rs.50,000/- with one surety of the like amount on the following conditions:- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner.

b) The applicant, except on the dates fixed for hearing of the trial, shall not enter in village Ravankola Tahsil Jalkot, District Latur, till the conclusion of the trial. [ SANJAY A. DESHMUKH, J. ] HRJadhav