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Bombay High CourtBA/1328/2025application allowed

Umesh Kailash Gunjale And Another v. The State Of Maharashtra

2025-07-28Hon'Ble Shri Justice Arun R. Pedneker4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 BAIL APPLICATION NO.1328 OF 2025 1] UMESH KAILASH GUNJALE 2] VISHAL BHIMLAL GUNJALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.A.K.Bhosle APP for Respondent-State : Mr.N.B.Patil Advocate for assist to P.P. : Mr.G.R.Syed ...

WITH CRIMINAL APPLICATION NO. 2668 OF 2025 IN BAIL APPLICATION NO.1328 OF 2025 ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 28.07.2025 P.C. :

1] Heard. For the reason stated in Criminal Application No.2668/2025 for assisting to the P.P., the same is allowed. Criminal Application is disposed of accordingly.

2] Heard learned counsel for the applicants, the learned APP for the respondent-State and the learned counsel for assist to P.P.

3] The applicants are seeking bail as they are arrested on 04.06.2025 in connection with Crime

No.0226/2025, registered with Khultabad Police Station for the offence punishable under Sections 109, 118 (2), 115 (2), 189 (2), 189 (4), 191 (2), 191 (3), 190, 324 (4), 352, 351 (2) of B.N.S. a/w. 4/25 of Indian Arms Act. 4] The alleged incident of assasult is stated to be on account of dispute over a land between two families. The applicants are members of one of the families. There are cross FIRs between them. The cross FIR is lodged against eight persons and in that FIR, there are two grievous injuries caused to the injured relatives of the applicants and that bail has granted in favour of the accused persons in cross FIR.

5] As regards present FIR is concerned, there are 7 injured, however, three persons have suffered grievous injuries. Mirza Hussain Baig has suffered grievous injury i.e. fracture on interior part of nasal bone and nasal septum. Mirza Akbar Baig has also suffered grievous injury on 5th finger of right hand and Ayaz Baig Hasan Baig has suffered grievous injuries.

6] Considering that there is a fight between two groups and that cross FIRs are lodged against each other. The accused persons in cross FIR were granted bail and the the applicants are in jail from 04.06.2025. Considering this aspect of the matter and investigation qua the present

applicants being substantially completed , the applicants are granted bail. The application is allowed in the following terms :

a] The applicants shall be released on bail in connection with Crime No.0226/2025, registered with Khultabad Police Station for the offence punishable under Sections 109, 118 (2), 115 (2), 189 (2), 189 (4), 191 (2), 191 (3), 190, 324 (4), 352, 351

(2) of B.N.S. a/w. 4/25 of Indian Arms Act, 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 shall not enter the jurisdiction of Khultabad Taluka for a period of two years.

c] The applicants, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. d] The applicants shall co-operate with the trial Court and they shall attend each and every date, unless exempted by the trial Court.

e] 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.

f] 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.

7] 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.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE rrd