Rakib Rashid Pathan v. The State Of Maharashtra

1011 BA NO. 1576 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 1011 BAIL APPLICATION NO. 1576 OF 2025 RAKIB RASHID PATHAN

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Nilesh S. Ghanekar, Advocate for Applicant Mr. K. K. Naik, APP for Respondent/State Mr. Imran Khan Guftar Khan Durrani, Advocate for informant ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 16.09.2025 PER COURT :- 1.

Heard.

2.

This is an application for granting regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.595 of 2024, registered at Bidkin Police Station, District Chhatrapati Sambhajinagar (Rural), for the offences punishable under Sections 109, 126(2), 189(2), 191(2), 191(3) and 190 of the Bhartiya Nyaya Sanhita, 2023.

3.

It is alleged in the report that the applicant, along with the other co-accused, assaulted the informant and his cousin Anis Shaikh Rashid with a sickle and a stick.

4.

The learned advocate for the applicant pointed out the injury certificates of the informant and his cousin. He submitted that only simple injuries were caused to the informant and his cousin and that the

(( 2 )) 1011 BA NO. 1576 OF 2025 allegation regarding the use of sickle is falsely made. He further submitted that the other co-accused have already been released on bail. It is also submitted that the applicant has roots in the society and he will not flee away from the trial. Accordingly, he lastly prayed to grant bail to the applicant.

5.

The learned APP for the State strongly opposed the application and submitted that the applicant is involved in a serious crime of attempt to commit murder. He further submitted that if the applicant is released on bail, there is possibility that he may commit a similar offence, pressurize the prosecution witnesses and tamper with the evidence. He, therefore, lastly prayed to reject the application.

6.

Perused the charge sheet, particularly the report, statements of witnesses and injury certificates. Considering the fact that the other coaccused have been released on bail, that the applicant has roots in the society and he will not flee away from the trial and that only simple injuries were sustained by the informant and his cousin, the application deserves to be allowed, subject to certain conditions. Hence, the following order: ::ORDER::

I.

The application is allowed.

II.

The applicant, in connection with Crime No.595 of 2024, registered at Bidkin Police Station, District Chhatrapati Sambhajinagar (Rural), for the

(( 3 )) 1011 BA NO. 1576 OF 2025 offences punishable under Sections 109, 126(2), 189(2), 191(2), 191(3) and 190 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond of Rs.25,000/- with one surety of the like amount on following conditions:- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner. [ SANJAY A. DESHMUKH, J. ] HRJadhav