Buchya @ Sanjay Trimbak Bhosle v. The State Of Maharashtra
2025:BHC-AUG:9019 {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.218 OF 2025 Buchya @ Sanjay Trimbak Bhosle, Age: 45 years, Occu.: Labour, R/o. Salabatpur, Tq. Newasa, District Ahmednagar.
... Applicant
Versus
The State of Maharashtra Through Police Inspector, Newasa Police Station.
... Respondent WITH CRIMINAL APPLICATION NO. 1081 OF 2025 IN BA/218/2025 Kishor Trimbak Bhosle, Age: 45 years, Occu.: Labour, R/o. Gogalgaon Shivar, Tal. Newasa, Dist. Ahmednagar.
... Applicant
Versus
1. The State of Maharashtra Through Newasa Police Station, Newasa, Dist. Ahmednagar.
2. Buchya @ Sanjay Trimbak Bhosle, Age: 45 years, Occu.: Labour, R/o. Salabatpur, Tq. Newasa, District Ahmednagar.
... Respondents ......
Mr. Satej S. Jadhav, Advocate for Applicant Ms. Vaishali S. Chaudhari, APP for Respondent - State Mr. Akash P. Nahar, Advocate for Informant ......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 25 MARCH 2025 PRONOUNCED ON : 27 MARCH 2025
{2} ORDER :
1.
Instant application is for grant of regular bail on account o arrest of the applicant in Crime No.0250 of 2024, registered at Newasa Police Station, District ahmednagar for offences punihsable under Sections 307, 504, 506, 143, 147, 148, 149 of the Indian Penal Code (IPC).
2.
Criminal Application No.1081 of 2025 is filed by original informant seeking permission to assist learned APP for opposing the bail application. For the reasons mentioned in the application, the applicant is permitted to assist learned APP. Criminal Application No. 1081 of 2025 is accordingly disposed of.
3.
Learned counsel for the applicant submitted that the occurrence was a fall out of a minor quarrel between two brothers. That, there are allegations of use of axe. That, both brothers were seeking alms. That, for encroaching each others territory, the incident has takne place. That, investigation is over, and charge-sheet is already filed in October 2024. That, applicant is behind the bars since more that 10 to 11 months. That, no further recovery or discovery is to be made at the instance of the applicant. Therefore, he seeks grant of bail on any condition deemed fit by this Court.
{3} 4.
Learned APP opposed on the bail application on the ground that there is attempt to commit murder. That, there is use of axe, which is seized. That, there are eyewitness. That, grievous injuries have been caused to the injured i.e. on forehead as well as on head, and moreover, applicant is history-sheeter and eight crimes are registered against him. 5.
Learned counsel for the informant, who is assisting APP, also opposed the bail application on the ground that serious offence is committed. He has placed photographs of injured on record. 6.
Heard. Perused the papers. Injured Kishor Tribak Bhosale lodged report that he and his family survive on alms. His brother Bucha @ Sanjay Timbak Bhosale and his family also survive on alms. That, on 11.03.2024, both brothers visited Mr. Wani's field, where harvesting activities were in progress, for the purpose of seeking alms. Therefore, both brothers indulged in quarrel and it is alleged that, brother Bucha @ Sanjay Trimbak issued threats of life. Around 04:30 p.m., when informant and his family were near the house of Mahesh Ghalmele, Buchya @ Sanjay Trimbak Bhosale, Nikhil Buchya @ Sanjay Bhosale, Shubham Buchya @ Sanjay Bhosale, Jamba Buchya Bhosale, Jaya Buchya Bhosle came there. Buchya Bhosale i.e. present applicant, and Shubham Bhosale were armed with axes, while Jaya and Jamna were armed with wooden logs. They assaulted informant on the head and
{4} forehead by means of axe and wooden log. Injury certificate shows that informant had suffered two CLW of mid parietal region and fronto parietal region and one amongst is grievous and other is simple in nature and there is extradural hemorrhage, which is grievous in nature. Learned APP has placed on record case details, which shows that now matters is on the stage of charge and the next date is 01.04.2025. Therefore, when the matter is on the verge of commencing of trial, coupled with the above nature of allegations, this Court is not inclined to grant relief as prayed, at this stage. Hence, the following order:
ORDER
(I) Bail application is rejected.
(II) In view of the date of arrest of applicant as 11.05.2024, if the charge is not framed within two months from today, liberty to applicant to move this Court for bail afresh. ABHAY S. WAGHWASE, JUDGE S P Rane