Ganesh Bhau Bhukan v. The State Of Maharashtra And Another
2025:BHC-AUG:21163
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 947 BAIL APPLICATION NO. 1113 OF 2025 Adinath Macchindra Pathare
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. Bagal Suraj R.
APP for Respondents-State: Mr. P. P. Dawalkar Advocate for Assist to APP : Mr. B. S. Dhawale ...
WITH CRIMINAL APPLICATION NO. 2390 OF 2025 IN BA/1113/2025 ...
CORAM : ARUN R. PEDNEKER, J.
Dated : August 01, 2025.
PER COURT :- 1.
Criminal Application No.2390 of 2025 is filed for Assist to learned APP. Said application is allowed and disposed of.
2.
Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel for Assist to APP. 3.
The applicant is seeking bail as he was arrested in connection with FIR No.0487/2024, dated 03/07/2024, registered with Parner Police Station, District Ahmednagar, for the offences punishable under sections 109(1), 115(2), 118(1), 118(2), 303(2), 189(2), 190, 191(2), 191(3), 351(2), 351(3), 352, 324(4), 324(5), 309(4), 308(2) of Bharatiya Nyaya Sanhita, and under Section 4/25 of Arms Act.
4.
It is stated that on 02/07/2024, the applicant had an altercation with 1 of
the informant when they had gone to the informant's hotel for food at around 11:00 p.m. It is further stated that another altercation took place around 11:55 p.m. between the informant and applicant, during which the applicant and co-accused allegedly assaulted the informant and others. 5.
As far as the present applicant is concerned, the allegation is that he assaulted the informant, the informant's nephew Omkar, waiter Ajay and one Sujan, by using the back side of a sickle, causing injuries on the hand, neck, and thigh.
6.
Two injury certificates are filed along with the charge-sheet. Both injuries caused to Ajay and Omkar are stated to be simple in nature. 7.
The applicant is in custody since 12/07/2024, which is now over a year. The learned APP, as well as the learned Counsel assisting the APP, oppose the grant of bail and submit that the applicant has criminal antecedents involving offences under Sections 397 and 367 of the Indian Penal Code. Hence, they urge that the application be rejected. 8.
Having considered the rival submissions, it is to be noted that the injuries sustained by the victims are simple in nature. The applicant has already undergone substantial incarceration of over one year. Considering these aspects of the matter, further custodial detention of the applicant 2 of
does not appear to be necessary.
9.
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.0487/2024, dated 03/07/2024, registered with Parner Police Station, District Ahmednagar, for the offences punishable under sections 109(1), 115(2), 118(1), 118(2), 303(2), 189(2), 190, 191(2), 191(3), 351(2), 351(3), 352, 324(4), 324(5), 309(4), 308(2) of Bharatiya Nyaya Sanhita, and under Section 4/25 of Arms Act, on furnishing PR bond of Rs.25,000/- 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 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. f] The applicant shall not enter the village Nighoj, Taluka Parner, 3 of
District Ahmednagar, until the conclusion of the trial. 10.
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.
11.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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