Sadashiv Bhaurao Bedade v. The State Of Maharashtra And Another
2025:BHC-AUG:20426
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 929 BAIL APPLICATION NO. 1306 OF 2025 Maroti Bhaurao Bedade
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. Murkute J. M.
APP for Respondents-State: Mr. G. O. Wattamwar Advocate for Assist to APP : Mr. V. B. Dhage ...
WITH CRIMINAL APPLICATION NO. 2693 OF 2025 IN BA/1306/2025 ...
CORAM : ARUN R. PEDNEKER, J.
Dated : August 01, 2025.
PER COURT :- 1.
Criminal Application No.2693 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 learned APP. 3.
The applicant is seeking bail as he was arrested in connection with FIR No.99/2025, dated 18/05/2025, registered with Jalkot Police Station, Taluka Jalkot, District Latur, for the offences punishable under sections 109, 115(2), 352, 351(2), and 3(5) of Bharatiya Nyaya Sanhita, 2023. 4.
The case against the present applicant is that he assaulted his brother during the night while the victim was watering crops in the agricultural field. It is alleged that the applicant, along with co-accused persons, committed the assault in a premeditated manner, having anticipated the victim's presence 1 of
at the location. The assault took place on 18/05/2025, and the applicant was arrested on 22/05/2025.
5.
It is further stated that the applicant used a sickle to attack his brother. As a result of the assault, the victim fell unconscious in the field. Believing the victim to be dead, the applicant and the co-accused fled the scene.
6.
Learned counsel for the applicant submits that the weapon used in the offence has already been recovered by the police, and that the investigation is nearly complete. It is also submitted that the applicant has no criminal antecedents, and therefore, he may be granted bail. 7.
On the other hand, the learned Additional Public Prosecutor (APP), assisted by learned counsel, opposes the bail application. They submit that the victim sustained multiple injuries and that the assault was clearly preplanned. It is further submitted that although the applicant has no serious criminal background, there are two non-cognizable offences registered against him involving the same parties. The prosecution fears that if released on bail, the applicant may threaten the informant, the victim's family members, and other prosecution witnesses. Additionally, both the axe and sickle allegedly used in the offence have been recovered at the instance of the applicant.
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8.
Having considered the rival submissions, the Court notes that although two non-cognizable offences are registered against the applicant, there are no serious antecedents. The injuries sustained by the victim, while some are on vital parts of the body, are primarily simple in nature. 9.
In light of the above facts and circumstances, the applicant is ordered to be released on bail, subject to the following stringent conditions to ensure a fair trial and prevent any tampering with evidence or intimidation of witnesses.
10.
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.99/2025, dated 18/05/2025, registered with Jalkot Police Station, Taluka Jalkot, District Latur, for the offences punishable under sections 109, 115(2), 352, 351(2), and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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. 3 of
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 Chera, Taluka Jalkot, District Latur, till the conclusion of the trial or two years whichever is earlier.
11.
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.
12.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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