Rahul Dinkar Gawale v. The State Of Maharashtra
915 BA NO. 857 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 915 BAIL APPLICATION NO. 857 OF 2025 RAHUL DINKAR GAWALE
VERSUS
THE STATE OF MAHARASHTRA ...
Mr. Barlota Ambar S., Advocate for Applicant Mr. S. B. Narwade, APP for Respondents/State ....
CORAM : SANJAY A. DESHMUKH, J.
DATE : 07.10.2025 PER COURT :- 1.
Heard.
2.
This is an application for grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.334 of 2019 registered at Mukundwadi Police Station, District Aurangabad, for the offences punishable under Sections 302 and 107 of the Indian Penal Code, 1860 and Sections 67 and 67-A of the Information and Technology Act.
3.
This application is filed for grant of regular bail on the ground of delay in the trial, i.e., Sessions Case No. 105 of 2020. The learned advocate for the applicant submitted that the applicant has been booked for commission of murder of his wife under Section 302 of the Indian Penal Code. He submitted that the trial has not proceeded
(( 2 )) 915 BA NO. 857 OF 2025 expeditiously and that evidence of only six witnesses has been recorded so far. He further pointed out that the deceased wife of the applicant had left behind a suicide note stating that nobody should be held responsible for her death and mentioning that she had been exploited by her friends, concluding with the words "I hate you, friend." The applicant has been in custody since 11.09.2019, for more than six years. Hence, he prayed for bail on the ground of violation of his right to a speedy trial. 4.
The learned APP for the State strongly opposed the application and submitted that the evidence of six witnesses has already been recorded and the trial is likely to conclude within some days. It is lastly prayed to reject the application.
5.
As per the law laid down by the Hon'ble Supreme Court in Tapas Kumar Palit Vs. State of Chhattisgarh, 2025 SCC OnLine SC 322, the applicant has been behind bar for more than six years. His right to a speedy trial is seriously affected. In such circumstances, the applicant is certainly entitled for bail as his right to speedy trial is affected. The application, therefore, deserves to be allowed. Hence, the following order: ::ORDER::
I.
The application is allowed.
(( 3 )) 915 BA NO. 857 OF 2025 II.
The applicant, in connection with Crime No.334 of 2019 registered at Mukundwadi Police Station, District Aurangabad, for the offences punishable under Sections 302 and 107 of the Indian Penal Code, 1860 and Sections 67 and 67-A of the Information and Technology Act, be released on bail on furnishing personal bond of Rs.15,000/- 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. ] HRJadhav