Akshay Dnyaneshwar Karale v. The State Of Maharashtra
2025:BHC-AUG:26160
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
937 BAIL APPLICATION NO. 1546 OF 2025 AKSHAY DNYANESHWAR KARALE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Balraj Prakash Pande. APP for Respondent / State : Mr. P. P. Dawalkar. ...
CORAM :
SANJAY A. DESHMUKH, J.
DATE :
23rd September, 2025.
P.C.:
Heard.
This is an application for granting regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.193 of 2025, registered with Vaijapur Police Station, District Aurangabad (Rural), for the offences punishable under Sections 305, 310(4), 331(4), 61(a)(b), 62, 326(g) and 324(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "the BNS") and under Sections 3, 4 and 7 of the Prevention of Damage to Public Property Act, 1984.
The learned counsel for the applicant pointed out the report and submitted that the applicant's name is not mentioned in the report. The informant - Manager of the bank reported by report dated
20th April, 2025 that fire took place in the Maharashtra Gramin Bank situated at Vaijapur. He went there. He found that some ATM cards, cheque-books, D. D. books, loan files etc. were burnt and the loss of Rs.15,00,000/- was caused. About four unknown persons tried to commit theft and also set the bank on fire. This fact was noticed by the neighbourers and they communicated it to the fire extinguisher. Therefore, the report was lodged against the unknown persons. Thereafter, the applicant and co-accused are arrested. The learned counsel for the applicant submitted that the applicant is falsely implicated in the crime. Vehicle No.MH-02-BM0646 is recovered at the instance of the applicant, which is used for commission of the crime. However, he pointed out the statement of one Mr. Yogesh Ugle and pointed out that said Mr.
Ugle took the said car for the applicant as the applicant was proceeding to Pune. The learned counsel for the applicant submitted that there is no any material against the applicant to connect him with the crime. He submitted that the applicant has no criminal antecedents, he has roots in the society and he will not flee away from the trial. The trial will take long period. It is lastly prayed to allow the application.
crime. There is material evidence against the applicant that at the relevant time, while dealing with the car from one car broker, he was present there, which can be seen from the location i.e. call details of the applicant. He also pointed that on 3rd April, 2025, there was call between main accused Bharat and the applicant and the incident took place on 20th April, 2025 midnight. He, therefore, submitted that the applicant is involved in the said crime and if he is released on bail, he will commit same nature of crime again. It is lastly prayed to reject the application.
Perused the charge-sheet, particularly, the report and the statements of witnesses. The applicant has no criminal antecedents. He has roots in the society, he will not flee away from the trial and the trial will take long period. Therefore, considering the entire material on record as well as on the principle that bail is rule and jail is exception, the application deserves to be allowed on certain conditions. Hence, the following order:-
O R D E R
I.
The application is allowed.
II.
The applicant in connection with Crime No.193 of 2025, registered with Vaijapur Police Station, District Aurangabad (Rural), for the offences punishable under
Sections 305, 310(4), 331(4), 61(a)(b), 62, 326(g) and 324(5) of the Bharatiya Nyaya Sanhita and under Sections 3, 4 and 7 of the Prevention of Damage to Public Property Act, be released on bail on furnishing personal bond of Rs.15,000/- with surety of the like amount on following conditions:- a) The applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.
b) The applicant shall not indulge in similar activities again.
[ SANJAY A. DESHMUKH, J. ] nga