Ankush Rambhau Gore v. The State Of Maharashtra
2025:BHC-AUG:13790 {1} BA 698 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 698 OF 2025 WITH CRIMINAL APPLICATION NO. 1615 OF 2025 IN BA/698/2025 Ankush Rambhau Gore Age: 44 years, Occu.:
R/o. Shirasgaon, Tq.Newasa, District : Ahmednagar.
....Applicant
Versus
The State of Maharashtra (Through P. S. Newasa) ....Respondent .....
Advocate for Applicant : Mr. Somnath G. Ladda APP for Respondent : Mr.S.B.Narwade Advocate for assist to PP / Informant : Mr.R.R.Karpe h/f. Mr.Yogesh R.Shinde .....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 07 MAY, 2025 PRONOUNCED ON : 09 MAY, 2025 ORDER :
1.
Applicant seeks grant of regular bail on account of his arrest in crime no.0204 of 2024 registered at Newasa Police Station, District Ahilyanagar, for offence under Sections 143, 147, 148, 149, 307, 323, 324, 341, 504, 506 of the Indian Penal Code (IPC).
{2} BA 698 OF 2025 2.
Criminal Application No.1615 of 2025 is filed by informant for seeking permission to assist Public Prosecutor. For the reasons mentioned in the application, Criminal Application No.1615 of 2025 is allowed. Informant is permitted to assist the Public Prosecutor. 3.
Learned counsel for the applicant pointed out that in above crime, five persons are said to be involved and four persons are already granted bail. That, as regards to present applicant is concerned, there are allegations of use of axe. That, occurrence is as a result of some agriculture land related dispute between relatives. He further pointed out that recovery is shown to be made at the instance of one Devidas Gore, who is already beneficiary of bail. That, investigation is over and chargesheet is filed on 14-05-2024. That, there are no prospects of matter going for trial in near future. Therefore, bail is urged for.
4.
Learned APP as well as learned counsel for the informant both have opposed application on the ground that specific role of applicant is coming on record. That, he gave blows of axe on the head and near the eye. Learned counsel for the informant invitation attention of this Court to photographs placed on record and submits
{3} BA 698 OF 2025 that photographs show that vision of the injured is affected. That, there are eye witness account. That, blood stained clothes are seized. That, there are statements of injured and therefore, offence being serious, they both have opposed relief.
5.
Heard. Perused the papers. FIR dated 29-02-2024 is at the instance of Ganesh Eknath Gore. In the initial part of the report, he has given details of relation between accused and informant and they to be kinsman and there is dispute amongst them in the backdrop of very civil proceedings bearing no.945 of 2016. He reported that on 28-02-2024, when he and his father Eknath were returning from the field on Motorcycle, at that time, Ankush Gore i.e. present applicant came on Motorcycle, intercepted way of informant, questioned them for not withdrawing the aforesaid case and started abusing and even issuing life threats. He further reported that, at that time, on another Motorcycle, Santosh Gore, Devidas Gore, Vijay Gore reached there, they were armed with axe. Bhausaheb was armed with iron rod. It is reported that Ankush i.e. present applicant inflicted axe blow on informant's head and ear. Vijay gave blow of axe on informant's head, but it was warded off by hand. Devidas also gave blow of axe, but the same was also warded off. He further reported that when he was
{4} BA 698 OF 2025 running to save himself, he heard shouts of his father Eknath and when he turned back to see, he claims that Ankush was assaulting his father with axe on face on right side, whereas Vijay hit his father by axe on cheek, Santosh gave blow of axe on shoulders of his father and even Bhausaheb used iron rod for assaulting his father Ekanth. On above report, crime seems to have been registered. 6.
This Court had granted bail to Devidas Gore, Santosh Gore and Bhausaheb Kakade.
Learned counsel for informant has placed on record photographs of injured. He has also placed on record, injury certificates of Eknath and Ganesh. It seems that Eknath was treated for alleged eye injury by an Ophthalmologist. He seems to have undergone Vitrectomy surgery.
7.
Apparently from the photographs, it appears that grievous injuries are suffered by Eknath and the said injuries were caused because of assault committed by accused no.1 i.e. present applicant. Incident appears to have been started at his instance and others have reached there later on. Therefore, though investigation is over and co-accused are granted bail, considering the role attributed to
{5} BA 698 OF 2025 applicant, coupled with photographs of injured placed on record, this Court is not inclined to grant relief of bail.
ORDER
(I) Bail Application is rejected.
(II) Criminal Application No.1615 of 2025 is disposed of.
( ABHAY S. WAGHWASE ) JUDGE SPT