Madan Ambadas Hambarde v. The State Of Maharashtra

2025:BHC-AUG:28571 1 of 3 931-BA.1134.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 BAIL APPLICATION NO. 1134 OF 2025 MADAN AMBADAS HAMBARDE

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Paresh B. Patil (Borse), Advocate for Applicant. Mr. S. B. Narwade, APP for Respondent-State.

...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

9th OCTOBER, 2025 P.C.:- 1.

Heard learned Advocate for the Applicant and learned APP for the Respondent-State.

2.

This is an application for granting regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Applicant is arrested in Crime No.217 of 2024 dated 4th December 2024, registered with Osmannagar Police Station, Taluka Kandhar District Nanded, for the offence punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023.

3.

Learned Advocate for the Applicant pointed out the report lodged by the Informant on 4th December 2024 at about 6:30 p.m. It is stated therein that the Informant received a phone call informing him that his father had been murdered. Upon receiving the said call, he

2 of 3 931-BA.1134.2025 proceeded towards the agricultural land at about 5:30 p.m. from his house.

4.

Learned Advocate for the Applicant submitted that, as per the report, an unknown person had assaulted the father of the Informant with a knife, and the said knife was seized from the spot. It is further submitted that the Applicant has been falsely implicated in the present crime. The charge-sheet has already been filed, and the Applicant has no criminal antecedents. Considering that the trial is likely to take a considerable period, it is prayed that the Applicant be released on bail.

5.

Learned APP for the Respondent-State strongly opposed the application and submitted that the Applicant is involved in a serious offence of murder. It is submitted that the knife and clothes of the Applicant have been seized during the course of investigation. If the Applicant is released on bail, there is every likelihood that he may pressurize the prosecution witnesses and tamper with the evidence. It is, therefore, prayed that the application for bail be rejected. 6.

Perused the charge-sheet, particularly the report and statements of the witnesses. The Applicant has roots in the society. The trial is likely to take a considerable period, and the charge-sheet has already been filed. Considering the entire material on record and

3 of 3 931-BA.1134.2025 bearing in mind the settled principle that bail is the rule and jail is the exception, the application deserves to be allowed subject to certain conditions.

7.

In view of the above, the application is allowed in the following terms :

a] The Applicant shall be released on bail in connection with FIR No.217 of 2024 dated 4th December 2024, registered with Osmannagar Police Station, Taluka Kandhar District Nanded, on furnishing PR bond of Rs.50,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

b] The Applicant shall not enter the jurisdiction of Osmannagar Police Station, Taluka Kandhar District Nanded, during pendency of the trial.

c] 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. 8.

The application stands disposed of.

(SANJAY A. DESHMUKH, J.) Tauseef