Subhash Tukaram Jamdhade v. The State Of Maharashtra

2025:BHC-AUG:26619 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 BAIL APPLICATION NO. 566 OF 2025 Subhash Tukaram Jamdhade

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. S.S. Gangakhedkar APP for Respondents: Mr. R.S. Wani .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 25th SEPTEMBER, 2025.

PER COURT :- 1.

This is an application for granting regular bail under section 483 of Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 in connection with crime No. 94 of 2023 registered with Manatha police station, District Nanded for the offences punishable under Sections 302, 324, 504, 506, 452, 143, 147, 148 and 149 r.w. 34 of I.P.C. 2.

Learned advocate for the applicant has pointed out the report in which it is averred by the informant that her father was having illicit relations with the sister of the applicant. It was opposed by the informant, her mother and brother. On account of the said illicit relations, the husband and brother of that woman i.e. the present applicant and other two persons assaulted the father of the informant by the wooden logs etc. and he succumbed to the injuries.

-23.

Learned advocate for the applicant submitted that, except for the clothes of the applicant, which were found to have no blood stains, no other incriminating material has been recovered from him. He has no criminal antecedents. The co-accused has been released on bail by this Court, by order dated 31.7.2024 passed in bail application No. 858 of 2024. The applicant has roots in the society. He will not flee away from the trial. The trial will take a long period. It is lastly prayed to allow the application.

4.

Learned A.P.P. for the respondent-State has strongly opposed the application and submitted that the applicant is involved in a serious offence of commission of murder. His clothes are seized. If he is released on bail, he will certainly pressurize the prosecution witnesses and tamper with the evidence. It is lastly prayed to reject the application.

5.

Perused the charge sheet, particularly the report and the statements of witnesses. The co-accused has been released on bail by this Court vide order dated 31.7.2024 passed in bail application No. 858 of 2024. The applicant has roots in the society. The applicant will not flee away from the trial. The trial will take a long period. Considering the principle that the bail is rule and jail is

-3exception, the application deserves to be allowed. Hence, the following order.

O R D E R

I.

Application is allowed.

II.

The applicant in connection with crime No. 94 of 2023 registered with Manatha police station, District Nanded, be released on bail on furnishing personal bond of Rs.25,000/- with one surety of the like amount on following conditions:- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner.

(SANJAY A. DESHMUKH, J.) rlj/