Kanhaya Shivaji Talekar v. The State Of Maharashtra And Another

2025:BHC-AUG:9525 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 435 OF 2025 Kanhaya s/o Shivaji Talekar, Age : 21 years, Occupation Labour, R/o. Pachegaon, Taluka Jintur, District Parbhani.

... Applicant

Versus

1.

The State of Maharashtra, Through the Superintendent of Police, Superintendent of Police Office, Parbhani, District Parbhani.

2.

Police Station Officer, Bori Police Station, Taluka Jintur, District Parbhani.

... Respondents .....

Mr. S. M. Kamble, Advocate for the Applicant. Mr. C. V. Bhadane, APP for Respondent-State.

.....

CORAM :

ABHAY S. WAGHWASE, J.

DATE :

01.04.2025 ORDER :

1.

Applicant seeks grant of regular bail in crime no. 34 of 2025 registered at Bori Police Station, District Parbhani for offences punishable under Sections 109, 296, 115(2), 352, 351(1), 351(2), 3(5) of the Bharatiya Nyaya Sanhita (BNS) and Section 25/4 of the Arms Act.

-22.

Learned counsel submitted that there is false implication. According to him, allegations are that applicant merely tried to stab and no injury is caused. Learned counsel further pointed out that other two accused are already granted bail. That, as no further recovery or discovery is to be made and as applicant is ready to abide all and any conditions imposed by this Court, learned counsel seeks grant of bail.

3.

Learned APP opposed on the ground that there are allegations of stabbing by use of knife. That, knife is recovered at applicant's instance. However, learned APP, on court query, admitted that no injury has been caused.

4.

After considering the above submissions and on going through the papers and FIR dated 09.02.2025 at the instance of Ramkishan Kadam, it is seen that as regards the present applicant is concerned, it is alleged that he was possessing sharp knife. Though attempt was made to stab in the abdomen, because of being pushed by informant's friend Vitthal, no injury was caused. Occurrence seems to have taken place on minor count at 7.30 p.m. on 08.02.2025. Thus, considering the above nature of allegations, when knife is already said to be recovered, as no further purpose would be achieved by continued

-3detention and even taking the ground of parity into consideration, the applicant succeeds. Hence, I proceed to pass the following order:

ORDER

I.

The application is allowed.

II.

Applicant be released on bail in connection with Crime No. 34 of 2025 registered at Bori Police Station, District Parbhani, on executing Personal Bond of Rs. 25,000/- with one surety in the like amount, on the following conditions:

[a] The applicant shall not tamper prosecution evidence in any manner.

[b] The applicant shall not contact informant in any manner directly or indirectly.

[c] The applicant shall attend the concerned police station twice in every week i.e. on every Monday and Thursday between 11.00 a.m. to 01.00 p.m. and maintain personal diary of his attendance till filing of charge sheet and thereafter, shall regularly attend each and every effective date before the trial court.

[ABHAY S. WAGHWASE, J.] vre