Nitin Alias Shiva Ashok Dabhade v. The State Of Maharashtra And Another
2025:BHC-AUG:15619
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 930 BAIL APPLICATION NO. 924 OF 2025 NITIN ALIAS SHIVA ASHOK DABHADE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr.R.B.Gite APP for Respondent-State : Mrs.P.V.Diggikar ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 20.06.2025 P.C. :
1] Heard learned counsel for the applicant and the learned APP for the respondent-State.
2] The applicant is seeking bail as he is arrested on 09.04.2025 in connection with Crime No. 0096/2025, registered with Kranti Chowk Police Station, Aurangabad, for the offence punishable under Section 109, 3 (5), 351 (2), 352 of Bharatiya Nyaya Sanhita, 2023.
3] The case against the applicant is that on 08.04.2025 at about 10.30 p.m. the applicant and coaccused abused the informant and witness. Thereafter, the applicant assaulted by means of knife and caused injury to Vinod. The applicant is arrested on 09.04.2025 and his Criminal Bail Application has been
rejected by the Additional Sessions Judge, by order dated 25.04.2025.
4] The learned counsel for the applicant submits that the knife used in the alleged crime is recovered and the injury caused to the witness, namely, Vinod is simple in nature. He further submits that the injured was discharged from the Hospital on 13.04.2025.
5] The learned APP submits that there are eye witnesses and the evidence is available against the applicant, so also, there is one injured witness. Considering the said fact, bail should not be granted in favour of the applicant.
6] Having considered the submissions, it appears from the medical report that the injured has suffered simple injury and that knife is recovered. Considering the nature of injury, so also, considering that the applicant is in custody from 09.04.2025, no further custody of the applicant would be required. There are no criminal antecedents against the applicant. In view of the same, the application is allowed in the following terms :
a] The applicant shall be released on bail in connection with Crime No. 0096/2025, registered with Kranti Chowk Police Station, Aurangabad, for
the offence punishable under Section 109, 3 (5), 351 (2), 352 of Bharatiya Nyaya Sanhita, 2023, on furnishing PR bond of Rs.20,000/- 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 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] JUDGE DDC