Suresh Zhaglya Barela v. The State Of Maharashtra
2025:BHC-AUG:20149
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 952 BAIL APPLICATION NO. 732 OF 2025 Suresh Zhaglya Barela
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. Bhagure Pralhad Chagan APP for Respondents: Ms. P. V. Diggikar ...
CORAM : ARUN R. PEDNEKER, J.
Dated : July 30, 2025.
PER COURT :- 1.
Heard learned counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant is seeking bail as he was arrested in connection with FIR No.0249/2024, registered with Chopda Gramin Police Station, District Jalgaon, for the offences punishable under sections 103, 115, 352, 189(1), 189(2), 191(2), 191(3), 190 of Bharatiya Nyaya Sanhita, 2023, and under Section 37(1)(3), 135 of the Maharashtra Police Act.
3.
The learned counsel for the applicant draws attention to the order dated 11/04/2025 passed by the Trial Court in favour of co-accused Pravin Gambhir Barela, and submits that the role attributed to the present applicant is identical to that of the said co-accused. Therefore, it is contended that the applicant should be granted bail on the ground of parity. 4.
The Trial Court has also observed that the applicant allegedly played an active role in the commission of the offence. However, the specific role attributed to the applicant in assaulting the informant is similar to that of the 1 of
952 BA 732-2025 co-accused. Therefore, despite the allegation that the applicant initiated the incident, his involvement appears to be on par with that of the coaccused, both in terms of nature and extent of participation. 5.
Upon perusal of the FIR, it is evident that the roles of the present applicant and co-accused Pravin Gambhir Barela are indeed identical. In light of this, and considering the principle of parity, the applicant is entitled to be enlarged on bail.
6.
In view of the above, the application is allowed in the following terms: - a] The applicant shall be released on bail in connection with FIR No.249/2024, registered with Chopda Gramin Police Station, District Jalgaon, for the offences punishable under sections 103, 115, 352, 189(1), 189(2), 191(2), 191(3), 190 of Bharatiya Nyaya Sanhita, 2023, and under Section 37(1)(3), 135 of the Maharashtra Police Act, on furnishing PR bond of Rs.25000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.
c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court. d] The applicant shall not tamper with the evidence of the 2 of
952 BA 732-2025 prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 7.
Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
8.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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