Anil Rambhau Patil v. The State Of Maharashtra

2025:BHC-AUG:25391

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

993 BAIL APPLICATION NO. 1563 OF 2025 ANIL RAMBHAU PATIL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Amol Shivajirao Sawant. APP for Respondent/State : Mr. R. S. Wani.

...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

18th September, 2025.

P.C.:

Heard.

This is an application for grant of regular bail in connection with Crime No.245 of 2025, registered with Nandurbar Taluka Police Station, District Nandurbar, for the offences punishable under Sections 109(1), 115(2), 351(3), 189(2), 190 and 191(2) of the Bharatiya Nyaya Sanhita, 2023 (for short "the BNS").

The informant averred in the report that on 16th July, 2025, when he was proceeding to his agricultural land on his motorcycle, the applicant came from behind on his motorcycle and assaulted the informant on his back with a knife. Due to the said blow, the informant sustained injuries and fell to the ground. At that time, Chotu Pahelwan,

Sanju Pahelwan, Baba s/o Sanju Pahelwan and Sunil Ramrao came there. They also beaten the informant by kicks and fist blows. They were saying to eliminate the informant. Thereafter, Bhausaheb Bhaidas Dhangar and Prabhakar Daga Dhangar came there and his brother Krishna Narayan admitted the informant for treatment at NIMS Hospital. Therefore, the report was lodged.

The learned counsel for the applicant submitted that the applicant is falsely implicated in the crime. He further submitted that the applicant has roots in the society and he will not flee away from the trial. The trial will take long period. Practical investigation is over. The custody of the applicant is not necessary. It is lastly prayed to allow the application.

The learned APP for the State strongly opposed the application and submitted that the applicant is involved in the serious crime. Though there are counter cases registered against the applicant and the informant regarding one and the same incident, the applicant has sustained only simple injuries and on the contrary the informant has sustained grievous injuries. If the applicant is released on bail, he will pressurize the prosecution witnesses and tamper with the evidence. He further submitted that possibility of same nature of the crime on the part of the applicant cannot be ruled out. It is lastly

prayed to reject the application.

Perused the papers of investigation, particularly, the report and the injury certificate of the informant. No doubt the informant sustained grievous injuries, the practical investigation is over and the custody of the applicant is not necessary. 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. Considering all these aspects, the application deserves to be allowed on the principle that bail is rule and jail is exception, 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.245 of 2025, registered with Nandurbar Taluka Police Station, District Nandurbar, for the offences punishable under Sections 109(1), 115(2), 351(3), 189(2), 190 and 191(2) of the Bharatiya Nyaya Sanhita, be released on bail on furnishing personal bond of Rs.25,000/- 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.

c) The applicant shall not enter into village Talwade (Shanimandal), Taluka and District Nandurbar, till filing of the charge-sheet.

III.

If the investigating officer or the informant notice that the applicant is engaged in similar activities again, he may apply for cancellation of bail before the Trial Court seized with the matter. If such an application is filed, the learned Trial Court is directed to decide the same on its own merits without reference to this Court.

[ SANJAY A. DESHMUKH, J. ] nga