Monu @ Prashant Shambhau Khandare v. The State Of Maharashtra
2025:BHC-AUG:15718
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 948 OF 2025 MONU @ PRASHANT SHAMBHAU KHANDARE
VERSUS
THE STATE OF MAHARASHTRA ...
• Mr.Sushil P. Pandit Sushil, Advocate for Applicant • Mr. D. J. Patil, APP for Respondent/State ...
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 03.04.2025 in connection with Crime No. 104/2025 dated 15.03.2025, registered with Nandurbar Taluka Police Station, District Nandurbar, for the offences punishable under Sections 117(2)(3)(4), 115(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3.
It is the case of the prosecution that on 1/4
03.12.2024 at about 05:00 p.m. at public place in Santoshi Mata Chowk in village Ashta, the applicant came from the back side of the complainant and gave kick blow over her left leg causing her to fall down on the ground and caused injury. It is stated that the complainant was in the hospital and had to undergo surgery on her hip joint ball.
4.
The learned counsel for the applicant submits that the FIR is filed on 15.03.2025 i.e. after 3 months. Thereafter, the applicant and co-accused have been arrested and they filed Criminal Bail Application No.114/2025 before the Sessions Court. By order dated 07.04.2025, the Additional Sessions Judge, Nandurbar granted bail in favour of the coaccused and rejected the bail of the present applicant. On investigation charge sheet is filed in the matter. He further submits that the applicant is not involved in the alleged crime and he has been falsely implicated. He further submits that prior to present FIR, the father of the present applicant has filed FIR No.306/2024 against the informant and her husband, alleging that the informant and her husband assaulted the applicant and his father on 29.10.2024. He 2/4
further submits that the investigation in the matter is complete and charge sheet is filed and the applicant is in custody from 03.04.2025.
5.
Considering that the applicant is in custody from 03.04.2025, so also, considering the nature of allegations and that cross FIRs are filed between them and that over implication is possible, the application is allowed in the following terms :
a.
The applicant shall be released on bail in connection with Crime No. 104/2025 dated 15.03.2025, registered with Nandurbar Taluka Police Station, District Nandurbar, for the offences punishable under Sections 117(2)(3)(4), 115(2), 352, 351(2), 3(5) of the 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 3/4
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.
6.
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.
7.
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.] 4/4