← Library
Bombay High CourtAPPLN/2911/2025application allowed

Vishal Jalindar Kate v. The State Of Maharashtra And Another

2025-08-12Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:21877

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 947 BAIL APPLICATION NO. 1298 OF 2025 Pratik Dipak Pawar

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondents-State: Ms. P. V. Diggikar Advocate for Assist to APP : Mr. N. S. Salunke ...

WITH CRIMINAL APPLICATION NO. 2911 OF 2025 IN BA/1298/2025 ...

CORAM : ARUN R. PEDNEKER, J.

Dated : August 12, 2025.

PER COURT :- 1.

Criminal Application No. 2911 of 2025 is filed to assist the learned APP. The said application is allowed and stands disposed of. 2.

At the outset, the learned Counsel for the applicant in the present Bail Application seeks leave to amend prayer clause "C". 3.

Leave is granted. Amendment be carried out forthwith. 4.

Heard the learned Counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel assisting the learned APP. 5.

The applicant is seeking bail in connection with FIR No. 0029/2025, dated 20/01/2025, registered with MIDC Police Station, Taluka Ahilyanagar, District Ahilyanagar, for the offences punishable under Sections 109, 189(2), 191(2), 191(3), 190, and 351(2) of the Bharatiya Nyaya Sanhita. 1 of

947 BA 1298-2025 6.

The applicant is arrested on 31/01/2025. It is alleged that on 19/01/2025, in all six persons assaulted the informant and witness Aniket. Out of them, three are juvenile accused.

7.

As per the prosecution, while some co-accused assaulted the informant, the present applicant, along with some unknown persons, assaulted Aniket Somvanshi. The learned Counsel for the applicant submits that, according to Aniket's statement, the applicant and co-accused assaulted him with wooden logs.

8.

On perusal of the injury certificate, it appears that Aniket suffered two injuries, one of which is grievous and located on the wrist, attributable to accused Mahesh. The injury allegedly caused by the present applicant to Aniket is simple in nature.

9.

The applicant is in custody since 31/01/2025 and the charge-sheet has already been filed. Considering the nature of the injury attributed to the applicant and the stage of the trial, this Court is of the opinion that he is entitled to be released on regular bail.

10.

In view of the above, the application is allowed in the following terms: - 2 of

947 BA 1298-2025 A] The applicant shall be released on bail in connection with FIR No. 0029/2025, dated 20/01/2025, registered at MIDC Police Station, Taluka Ahilyanagar, District Ahilyanagar, on furnishing a PR bond of Rs.30,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

B] Upon release on bail, the applicant shall not, in any manner whatsoever, contact the informant during the pendency of the trial. C] The applicant shall co-operate with the trial Court and shall attend each and every hearing unless exempted by the trial Court. D] The applicant shall not tamper with prosecution evidence nor attempt to influence the informant, witnesses, or any other person concerned with the case.

E] The applicant shall furnish to the trial Court his contact number and residential address, and shall update the same in case of any change.

11.

Needless to state, in the event of breach of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. 12.

It is clarified that the observations made in this order are only for the purpose of deciding the present bail application. The trial Court shall decide the matter on its own merits, uninfluenced by these observations. 13.

The application stands disposed of accordingly. ( ARUN R. PEDNEKER, J. ) vj gawade/-.

3 of