Sagar Milind Shinde v. The State Of Maharashtra
2025:BHC-AUG:22177
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 951 BAIL APPLICATION NO.1098 OF 2025 ARYAN SURENDRA BHALERAO
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.P.C.Bhagure APP for Respondent-State : Mrs.A.S.Mantri ...
WITH BAIL APPLICATION NO. 1217 OF 2025 SAGAR MILIND SHINDE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.Avinash Patil h/f. Mr.A.K.Bhosle APP for Respondent-State : Mr.P.P.Dawalkar ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 14.08.2025 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 are arrested on 24.08.2024 in connection with Crime No. 0388/2024, registered with Phulambri Police Station for the
offence punishable under Sections 103 (1), 103 (2), 109, 115 (2), 189 (2), 191 (2), 191 (3) and 190 of the BNS. 3] The learned counsel for the applicants submits that this Court, by order dated 25.04.2025 in Bail Application No.613/2025, has granted bail in favour of the co-accused, namely, Ajinkya Ravindra Salve and the role of co-accused is identical to the role of the present applicants, namely, Aryan Surendra Bhalerao and Sagar Milind Shinde, as such, on the ground of parity the learned counsel for the applicants seek regular bail in favour of the applicants. It is stated in the FIR that Sachin Appasaheb Palhal and Amol Jadhav assaulted the victim by means of knife.
The incident of assault occurred on account of picking up apple from the apple cart, as such, altercation took place and the main accused Sachin and Amol assaulted the victim by means of knife. No role of assault is attributable to the applicants. As such, bail should be granted in favour of the applicants. 4] Per contra, the learned APP submits that the applicants are involved in the alleged crime, as such, bail should not be granted in favour of the applicants. The learned counsel further submits that the shirt recovered at the instance of the applicant in BA No.1098/2025, namely, Aryan Bhalerao on which the blood stain is found.
5] P.M. report shows the cause of death is shock and hemorrhage due to multiple stab injuries and they are attributable to the other accused persons and there are no contusion injuries on the body of the victim. The role of the present applicants is identical to the role of the co-accused namely Ajinkya Salve. The incident took place at the market place and mere presence of the blood stain on the shirt of the applicant, namely, Aryan Bhalerao, cannot be made him liable for the same. Considering this aspect of the matter and considering that this Court, by order dated 25.04.2025 in Bail Application No.613/2025, has granted bail in favour of the co-accused, namely, Ajinkya Salve, whose role is identical to the role of the present applicants, on the ground of parity the applicants are granted bail. The applications are allowed in the following terms :
a] The applicants shall be released on bail in connection with Crime No. 0388/2024, registered with Phulambri Police Station for the offence punishable under Sections 103 (1), 103 (2), 109, 115 (2), 189 (2), 191 (2), 191 (3) and 190 of the BNS, 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.
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. 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.
7] The applications stand disposed of.
[ARUN R. PEDNEKER] JUDGE DDC