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Bombay High CourtAPPLN/1489/2025application allowed

Aniket Anil Vairagad v. The State Of Maharashtra And Another

2025-04-28Hon'Ble Shri Justice Abhay S. Waghwase4 pages

2025:BHC-AUG:12132 {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.604 OF 2025 Kirn Sunil Salve Age: 25 years, Occu.: Labour, R/o. Kotwalpura, Aurangabad ... Applicant

Versus

The State of Maharashtra Through Cantonment (Chhavani) Police Station, Aurangabad.

... Respondent WITH CRIMINAL APPLICATION NO.1489 OF 2025 IN BA/604/2025 Anike S/o. Anil Vairagad ... Applicant

Versus

The State of Maharashtra and Another ......

Mr. A.S. Tilve, Advocate for Applicant Mr. V.M. Jaware, APP for Respondent - State Mr. Vishal R. Gadekar, Advocate for Informant for Assist to APP ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 25 APRIL 2025 PRONOUNCED ON : 28 APRIL 2025 PER COURT :- 1.

Present application is for grant of regular bail on account of arrest of applicant in Crime No.0509 of 2024, registered with Cantonment (Chawani) Police Station, District Chhatrapati Sambhajinagar for offences punishable under Sections 109, 189(2), 189(4), 190, 191(2), 191(3), 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita (BNS).

{2} 2.

Criminal Application No.1489 of 2025 is filed by the informant and he seeks permission to assist Public Prosecutor. Permission is granted. Criminal Application No.1489 of 2025 is disposed of.

3.

It is submitted that applicant is arrested in above crime on 10.03.2025. That, applicant is shown as accused No.2 amongst 6 accused, who are named in the FIR. That, there are allegations of assault by knife and giving kicks and fist blows. That, there are omnibus allegations. That, roles are not specified. That, investigation has progressed extensively, mere filing of chargesheet has remained, and therefore, learned counsel urges for grant of bail.

4.

The learned APP as well as learned counsel for informant opposed the application on the ground that, there is the use of knife by the present applicant. That, one injury, which is incise would on abdomen. That, present crime has committed while applicant was on bail in another crime. That, applicant has criminal antecedents and as charge-sheet is yet to be filed, learned APP urges the rejection of bail.

{3} 5.

Heard. Perused the papers. FIR dated 15.10.2024 is at the instance of one Aniket Anil Vairagad. He has reported that, on 15.10.2024, when he was proceeding towards his aunt's place, at that time, Suraj Salve, Kiran Salve (present applicant), Rohit Lokhande, Ritik Suryawanshi, Shirish Komule, Goldy Komule and others 3-4 unknown persons intercepted him, and questioned him for not coming to give evidence in the Court. It is further alleged that, when he tried to escape, at that time, Kiran Salve (present applicant) took out the knife from his pocket and inflicted blows on the hand, neck, but the same were warded off. At that time, rest of the accused chased him and again Suraj Salve, Rohit Lokhande gave blows with knife on his waist and inflicted grievous injuries. Injury certificate placed on record shows that informant has suffered incise wounds on right abdomen, right hand and forearm. Statement is made across the bar by learned APP that present crime is committed, when applicant was on bail in other crime. Charge-sheet is yet to be filed.

6.

Therefore, considering the nature of allegations against the present applicant, this Court does not find it a fit case to grant bail. Hence, the following order :

{4}

ORDER

Bail Application is rejected.

ABHAY S. WAGHWASE, JUDGE S P Rane