Ganesh Navnath Sanap And Another v. The State Of Maharashtra
2025:BHC-AUG:19430
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 939 BAIL APPLICATION NO. 1025 OF 2025
1. GANESH NAVNATH SANAP
2. ISHWAR AMBADAS CHINDHE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Narwade Narayan B. APP for Respondent/State: Mr. D. J. Patil ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 24.07.2025 P.C. :
1] Heard learned counsel for the applicants and the learned APP for the respondent-State.
2] The applicants are seeking bail as they were arrested on 08.05.2025 and 09.05.2025 in connection with Crime No.375/2025, dated 15.04.2025, registered with Newasa Police Station, District Ahilyanagar, for the offences punishable under Sections 118(2), 115(2), 351(2), 352, 189(2), 191(2), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023.
3] It is stated that on 13.04.2025 the applicants along with the co-accused have assaulted the informant and his family members and 2 of them are injured. Uddhav has
suffered 2 grievous injuries and Sangita has suffered simple injury. It is stated that Uddhav has suffered grievous injury of fracture of arm and another grievous injury of fracture of vertebra. The present applicants are accused nos.2 and 4 and the weapons used were recovered from the spot and the applicants are arrested on 08.05.2025 and 09.05.2025. Charge-sheeet is filed in the matter.
4] The learned counsel for the applicants submits that the applicants and the informant are the family members. There has been dispute between them on cart way. He submits that prior to the present incident one month prior there was earlier incident where the applicants family were assaulted by the informant's family and that charge-sheet applying Section 118(2) has been filed against the family of the informant. However, when the matter was taken up in the earlier FIR before the learned sessions court, the injury certificate remained to be shown as such they got anticipatory bail. He has produced injury certificate of Navnath (alleged informant in the prior offence) in which it is shown that she has suffered grievous injury on right knee joint. He submits that on account of earlier dispute so also cart way dispute and that both the parties have assaulted on one another.
5] He submits that since the applicants were arrested on 08.05.2025 and 09.05.2025 and that the
investigation is complete and that there are no antecedents against the applicants and considering the earlier dispute between the parties, bail be granted to the applicants. 6] The learned APP submits that the injury sustained by Uddhav are grievous in nature and therefore bail should not be granted.
7] Having considered the rival submissions, as there was civil dispute between the parties and that the applicants side also had registered the case against the informant and family for having caused grievous injury and also the present complaint is a offshoot of the earlier one and that the investigation in the matter is complete and the parties are family members and the trial would take substantial time to conclude, bail can be granted to the applicants on certain conditions.
8] In view of the above, the application is allowed in the following terms :
a] The applicants shall be released on bail in connection with Crime No.375/2025, dated 15.04.2025, registered with Newasa Police Station, District Ahilyanagar, for the offences punishable under Sections 118(2), 115(2), 351(2), 352, 189(2), 191(2), 191(3), 190 of the Bharatiya Nyaya Sanhita,
2023, on furnishing PR bond of Rs.20,000/- each with one or two sureties in the like amount to the satisfaction of the trial Court.
b] The applicants, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. c] The applicants shall co-operate with the trial Court and they shall attend each and every date, unless exempted by the trial Court.
d] The applicants shall not tamper with the evidence of the prosecution and they shall not influence the informant, witnesses and other persons concerned with the case.
e] The applicants, upon being released on bail, shall place on record of the trial Court the details of their Contact Number and residential address with updates in case of any change.
9] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicants shall be liable to be cancelled.
10] 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.
11] It is further clarified that if there is any further dispute between informant and the applicants and if the applicants are found to be assailant, relief of bail granted today would be liable to be forthwith vacated. 12] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE marathe