Nitin Gorakh Erande And Another v. The State Of Maharashtra
2025:BHC-AUG:21632
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 923 BAIL APPLICATION NO.1377 OF 2025 1] NITIN GORAKH ERANDE 2] PRAHLAD S/O.VISHWANATH AHIRE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicants : Mr.J.V.Deshpande & Mr.S.N.Dudhate APP for Respondent-State : Mrs.A.S.Mantri ...
AND 953 BAIL APPLICATION NO.1380 OF 2025 1] KRUSHNA ROHIDAS DALE 2] SHANKAR ROHIDAS DALE 3] SUNIL BHAULAL DALE 4] SUNIL BHAUSAHEB BARDE @ MORE 5] DADA SHIVLAL DALE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.R.V.Gore APP for Respondent-State : Mrs.A.S.Mantri ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 08.08.2025 P.C. :
1] Heard learned counsel for the applicants and the learned APP for the respondent-State.
2] The learned counsel for the applicants in Bail Application No.1380/2025, on instructions, seeks leave to withdraw the Bail Application No.1380/2025 to the extent of applicant no.2 - Shankar Dale. Leave granted. The Bail Application No.1380/2025 is dismissed as withdrawn to the extent of applicant no.2-Shankar Dale.
3] The applicants are seeking bail as they are arrested on 17.06.2025 and 18.06.2025, respectively, in connection with Crime No. 338/2025, registered with Bidkin Police Station, Tq. Paithan, District Chh. Sambhajinagar, for the offence punishable under Sections 189 (2), 191 (1), 191 (2), 191 (3), 190, 109, 74, 75, 76, 329 (3), 115 (2), 118 (1), 118 (2), 352, 351 (3) of the Bhartiya Nyaya Sanhita, 2023.
4] The case against the present applicants is that the applicants, by forming unlawful assembly, assaulted the informant and witnesses by means of iron rods and wooden rods due to land dispute. As such, the FIR is registered against them. Thereafter, the applicants are arrested on 17.06.2025 and 18.06.2025, respectively and since then they are in jail.
5] The learned APP has produced injury certificate, which shows that the informant and one injured caused grievous injuries on the arm and another having simple
injury. Large number of accused are involved in the alleged crime. No specific role is attributable to the present applicants and the allegations are omnibus in nature. Considering that the large number of accused are involved in the alleged crime and no specific role is attributable to the present applicants and the investigation qua the present applicants are substantially complete, no further custody of the applicants would be necessary. In view of the same, 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. 338/2025, registered with Bidkin Police Station, Tq. Paithan, District Chh. Sambhajinagar, for the offence punishable under Sections 189 (2), 191 (1), 191 (2), 191 (3), 190, 109, 74, 75, 76, 329 (3), 115 (2), 118 (1), 118 (2), 352, 351 (3) of the Bhartiya Nyaya Sanhita, 2023, 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 application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC