Sai Sanjay Madane v. The State Of Maharashtra

2025:BHC-AUG:9802 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 466 OF 2025 Sai Sanjay Madane, Age 21 years, Occupation Education, R/o. Kashti, Taluka Shrigonda, District Ahilyanagar.

... Applicant

Versus

The State of Maharashtra Through the Police Inspector, Shrigonda Police Station, Taluka Shrigonda, District Ahilyanagar.

... Respondent .....

Mr. R. R. Karpe, Advocate for the Applicant.

Mr. C. V. Bhadane, APP for Respondent-State.

.....

CORAM :

ABHAY S. WAGHWASE, J.

DATE :

03.04.2025 ORDER :

1.

Present application is for grant of regular bail on account of applicant's arrest in crime no. 44 of 2025 registered at Shrigonda Police Station, District Ahilyanagar for offences punishable under Sections 109, 189(2), 191(2), 191(3), 190 of Bharatiya Nyaya Sanhita (BNS) and Sections 3 and 25 of the Arms Act. 2.

Learned counsel submitted that, FIR is against three unknown persons regarding some incident which took place at the counter of a hotel. He further submitted that though above crime is registered for

-2attempt to murder, as regards to present applicant is concerned, there is no overt act and no assault is attributed to him. Later on, allegations are levelled that he used stones. That, when no overt act is attributed and mere allegation of pelting stones is attributed, learned counsel pointed out that there is no recovery or discovery to be made from him. Therefore, according to him, further custody of the applicant is unwarranted. Learned counsel undertakes that applicant would abide all and any conditions imposed by this Court. 3.

Learned APP opposed on the ground that investigation revealed involvement of applicant. However, learned APP conceded that allegations against present applicant are of pelting stones. Considering the above, when no recovery or discovery is shown to be made and no article being allegedly put to use except pelting stones, practically no purpose would be served by further detention of the applicant. 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. 44 of 2025 registered at Shrigonda Police Station, District Ahilyanagar, on executing Personal Bond of Rs. 15,000/- with one surety in the like amount, on the following conditions:

-3- [a] The applicant shall not tamper prosecution evidence in any manner.

[b] The applicant shall not enter the vicinity where the informant resides or conducts business and shall not make attempt to contact the informant in any manner, directly or indirectly. [c] The applicant shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. [d] The applicant shall attend the concerned police station twice in every week i.e. on every Monday and Thursday till filing of charge sheet and thereafter, shall regularly attend each and every effective date before the trial court.

[ABHAY S. WAGHWASE, J.] vre