Abhishek Baban Kshirsagar v. The State Of Maharashtra And Another

2025:BHC-AUG:27587

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

968 BAIL APPLICATION NO. 1631 OF 2025 ABHISHEK BABAN KSHIRSAGAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Sudarshan J. Salunke. APP for Respondents / State : Mr. R. S. Wani. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

01st October, 2025.

P.C.:

Heard.

This is an application is filed for granting regular bail in connection with Crime No.0366 of 2024, registered with Parbhani Rural Police Station, District Parbhani, for the offences punishable under Sections 109, 352, 351(2) and 351(3) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Section 3/25 of the Arms Act, 1959.

The informant averred in the report that earlier quarrel took place between the applicant and the informant's family and therefore, report was lodged against the applicant and the co-accused for outraging the modesty. Thereafter, on 8th November, 2024, the quarrel took place between the applicant, informant and co-accused. At that time, the applicant tried to commit murder of the informant with

revolver. When the applicant was shooting the informant, the informant saved himself. At that time, Sudarshan, the brother of the informant, assaulted on the hand of the applicant by stick. Therefore, the pistol held by the applicant fell down. The applicant picked up that pistol and threw it into the alley. The report was lodged on the same day against the applicant and co-accused.

The learned counsel for the applicant pointed out that the co-accused are released on bail. The applicant has roots in the society. He will not flee away from the trial. The trial will take a long period. Charge-sheet is filed and 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 of attempt to commit the murder of the informant. The applicant is already prosecuted for more than two offences. He has criminal antecedents. There is strong evidence against him. If he is released on bail, the possibility of commission of same nature of crime on the part of the applicant cannot be ruled out. It is lastly prayed to reject the application.

Perused the charge-sheet, particularly, the report and the statements of the witnesses.

The pistol is seized and sent to the forensic lab for ballistic report. The applicant has roots in the society. He will not flee away from the trial. Trial will take a long period. Therefore, without adverting to the merits of the case, it would be proper to release the applicant on bail 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.0366 of 2024, registered with Parbhani Rural Police Station, District Parbhani, for the offences punishable under Sections 109, 352, 351(2) and 351(3) read with 3(5) of the Bharatiya Nyaya Sanhita and under Section 3/25 of the Arms Act, 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 tamper with the prosecution evidence, in any manner.

b) The applicant shall not enter into village Parva, Taluka and District Parbhani, till conclusion of trial.

[ SANJAY A. DESHMUKH, J. ] nga