Subhash Gopal Bhilala v. The State Of Maharashtra

2025:BHC-AUG:31874 1 47.BA-1194-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1194 OF 2025 SUBHASH GOPAL BHILALA

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mrs. Agrawal Rani Kailas APP for Respondent/State : Mr. S. M. Ganachari ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 17th NOVEMBER 2025 PER COURT :

1.

The Applicant has approached this Court, praying for regular bail in connection with Crime No.225/2023 registered with the Adavad Police Station, Taluka Chopda, District Jalgaon for the offences punishable under Sections 307, 294, 509, 510 of the Indian Penal Code.

2.

The case of the prosecution is that the family of the injured and accused are residing adjacent to each other. The accused is in addict of liquor, on 07.11.2023 the victim with her husband was sitting in the house. That time the accused came there under the consumption of liquor. He removed his pant and said to the victim that today he will not leave her and started giving abuses to the victim. Therefore, the victim/injured and her husband had ask the accused why he is abusing them. That time the accused took out Axe from his house and gave blow on the neck of the victim. Because of

2 47.BA-1194-2025.doc that her vein was cut and blood was started oozing from it. After completion of investigation, charge-sheet is filed. The accused is in jail since the date of arrest. But on the ground of filing charge-sheet and over of the investigation the accused has requested bail. 3.

The learned Counsel for the Applicant submits that the incident occurred at the spur of the moment, without there being any premeditation on the part of the Applicant to commit such crime. The Applicant was arrested on 07.11.2023. For two years, the charges were not framed. It was only after the filing of the bail application before this Court on 21.06.2025 that the trial Court framed the charges on 11.09.2025. She further submits that not a single witness has been examined till date and, as such, the trial will take considerable time to conclude and he may therefore be released on regular bail as there are no criminal antecedents and he is ready to abide by any terms and conditions that may be imposed by this Court.

4.

As against this, the learned APP submits that the Applicant is directly implicated in the present FIR for the charges of attempt to commit murder. The medical injury report of the victim shows that grievous injury was caused by the Applicant by means of a dangerous weapon, namely, an axe. The Applicant and the accused are neighbors and if the Applicant is released, there is every likelihood that the Applicant may again indulge in a cognizable offence and cause threat to the complainant and his family members, thereby

3 47.BA-1194-2025.doc causing prejudice to the trial. He therefore, prays for rejection of bail. 5.

I have gone through the charge-sheet and the allegation against the present Applicant as well as the medical injury certificate. It is not disputed that the charges are framed only on 11.09.2025. The charge-sheet shows that there are about 13 witnesses to be examined by the prosecution in support their case to bring home the guilt of present Applicant in the said crime. Though the charges are serious, the detention of the Applicant shall not become a pre-trial punishment. Not a single witness has yet been examined by the prosecution. I am therefore of the opinion that further detention of the Applicant may not be necessary, as the Applicant is ready to abide by the terms and conditions, and the trial will take its own time to conclude. I am inclined to release the Applicant by imposing certain stringent conditions. Hence, the following order :

ORDER

(a) The Bail Application is allowed.

(b) The Applicant - Subhash Gopal Bhilala in connection with Crime No.225/2023 registered with the Adavad Police Station, Taluka Chopda, District Jalgaon for the offences punishable under Sections 307, 294, 509, 510 of the Indian Penal Code, he be released on bail on furnishing P.B. of Rs.50,000/- (Rupees Fifty Thousands) with solvent surety of the like amount, on the following conditions: (i) The Applicant shall not enter the jurisdiction of Adavad Police Station, Taluka Chopda District Jalgaon till the conclusion of the trial.

4 47.BA-1194-2025.doc (ii) The Applicant shall attend each and every date of the trial Court without fail unless exempted by the trial Court on emergent consideration.

(iii) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

(iv) The Applicant shall submit his Aadhar and PAN Card to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives. (c) The Application stands disposed of accordingly. MEHROZ K. PATHAN JUDGE NAJEEB..