Vikas Satish Kamble v. The State Of Maharashtra

971 BA NO. 1389 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 971 BAIL APPLICATION NO. 1389 OF 2025 VIKAS SATISH KAMBLE

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. More P. P., Advocate for Applicant Mr. P. P. Dawalkar, APP for Respondent/State ...

AND CRIMINAL APPLICATION NO. 2862 OF 2025 IN BA/1389/2025 SURAJ SHIVAJI LONDHE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Patekar Narendra B, Advocate for Applicant Mr. P. P. Dawalkar, APP for Respondent/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 22.08.2025 PER COURT :- CRIMINAL APPLICATION NO. 2862 OF 2025 IN BA/1389/2025 1.

This is an application for assist to prosecution. 2.

For the reasons stated in the application, application is allowed and disposed of.

BAIL APPLICATION NO. 1389 OF 2025 1.

This is an application for granting regular bail under Section 439 of the Criminal Procedure, 1973 in connection with Crime

(( 2 )) No.429 of 2024 registered at Gandhi Chowk Police Station, Dist. Latur, for the offences punishable under Sections 147, 148, 149, 307, 323, 324, 504 and 506 of the Indian Penal Code, 1860. The applicant's application bearing Criminal Bail Application No.451 of 2025 with similar prayer came to be rejected by the learned Additional Sessions Judge, Latur, vide order dated 11.07.2025.

2.

The prosecution's case, in short, is that a meeting was called for the selection of the President on the occasion of the celebration of the birth anniversary of Lokshahir Annabhau Sathe. In that meeting, the name of Raj Kshirsagar was confirmed as president by consensus of the community members on 30.06.2024. Thereafter, at about 12:15 to 12:30 p.m., accused Santosh Patole, along with the applicant and eight to ten other accused persons, opposed the selection of Raj Kshirsagar as president. They threatened to kill the informant- Suraj Londhe and his companions. Accused Vikas Kamble, Pawan, Santosh, Vishal, Balaji and other eight to ten persons, assaulted the informant, Raj Kshirsagar and his companions. They started beating them with belts.

3.

It is alleged that accused Vikas, with intention to kill, stabbed Akash Shivaji Londhe on the right side of his stomach. Accused Pawan stabbed him in the thigh. Accused Balaji gave a blow of knife on the hand of Vikas Londhe and caused injury. Accused Santosh gave knife blows to

(( 3 )) the head, hand and other part of Narayan's body, causing him multiple injuries. Accused Balaji Maske beat Raj Kshirsagar with a belt. Accused Vishal, Jivan, Atish, Bali and eight to ten other individuals beat the informant and his companions using belts, fists and kicks. Hence, the report was lodged.

4.

The learned advocate for the applicant submitted that the applicant had previously sought anticipatory bail before the learned Sessions Court, Latur, before this Court and thereafter the Hon'ble Supreme Court. However, all the applications were rejected. Thereafter, the applicant surrendered on 15.05.2025. The investigation is completed and no material was recovered at the instance of the applicant. The change sheet has also been filed. He further submitted that the other co-accused have been released on bail. Therefore, the applicant seeks bail on the ground of parity. It was also submitted that the applicant is a political leader who is an aspiring candidate to contest the election of upcoming Municipal Corporation elections for the post of Councilor and has been falsely implicated in the crime. The learned advocate referred to the statements of the witnesses and the order of the learned Sessions Court granting bail to the co-accused.

5.

The learned APP for the State assisted by the learned Advocate for the informant strongly opposed the application. It is submitted that the

(( 4 )) applicant is involved in serious offence. The prosecution has also pointed out the applicant's criminal antecedents and submitted that NCR has been registered for issuing threats to the informant and other injured witnesses. Hence, he prayed that the application be rejected. 6.

I have perused the charge-sheet and the order passed by the learned Sessions Court granting the bail to the co-accused. From the report and statements of witnesses, it appears that the applicant was present at the time of alleged incident. However, neither the knife nor the blood stained clothes of the applicant were recovered. The learned APP submitted that those items were destroyed. However, no such material has been placed on record to show where and how the said articles particularly the knife and the clothes were destroyed by the applicant.

7.

Considering the fact that the investigation is complete and the applicant has roots in society, and though there are allegations of criminal antecedents, it appears that the applicant has been acquitted in four cases registered against him, three cases were registered under Section 12 of the Mumbai Gambling Act and one under Sections 279, 337 and 338 of the Indian Penal Code.

8.

Considering all these aspects, although the applicant is alleged to have been involved in the incident, he is entitled to be released on bail on the ground of parity, subject to certain stringent conditions. Hence, the

(( 5 )) following order is passed:

::ORDER::

I The application is allowed.

II The applicant, in connection with Crime No.429 of 2024 registered at Gandhi Chowk Police Station, Dist. Latur, for the offences punishable under Sections 147, 148, 149, 307, 323, 324, 504 and 506 of the Indian Penal Code, 1860, be released on bail on furnishing personal bond of Rs.25,000/- with one surety of the like amount on following conditions. III The applicant shall not tamper with the prosecution evidence or pressurize the witnesses in any manner.

IV The applicant, except on the dates for attending the trial fixed by the trial court, shall not enter in Sidheshwar Nagar Malvali Road, Latur, till the decision of the trial.

V The applicant shall submit his details, including phone number and residential address to the concerned police station and shall attend the said police Station once in a week, i.e., on every Monday. [ SANJAY A. DESHMUKH, J. ] HRJadhav