Abhijit Bharatsing Rajput v. The State Of Maharashtra And Another
913 BA NO. 1658 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 913 BAIL APPLICATION NO. 1658 OF 2025 ABHIJIT BHARATSING RAJPUT
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Mr. Manish V. Bhamre, Advocate for Applicant Mr. R. S. Wani, APP for Respondent/State ....
CORAM : SANJAY A. DESHMUKH, J.
DATE : 24.09.2025 PER COURT :- 1.
Heard.
2.
Leave to delete respondent No.2. Amendment be carried out forthwith.
3.
This is an application for granting regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.563 of 2024 registered at Amalner Police Station, District Jalgaon, for the offences punishable under Section 309(6) of the Bhartiya Nyaya Sanhita, 2023.
4.
Learned advocate for the applicant pointed out the report in which the informant stated that on 06.12.2024, at about 06.45 p.m., while he was proceeding on his motorcycle from Soham School on Amalner road towards Parola road, the applicant and the co-accused came there on their motorcycle, threatened him and assaulted him with
(( 2 )) 913 BA NO. 1658 OF 2025 an iron rod-like instrument. They allegedly demanded money and snatched Rs.4,400/- in cash and a mobile handset worth Rs.5,000/- and then fled from the spot. Based on these allegations, the informant lodged a report on 07.12.2025.
5.
The learned advocate for the applicant submitted that the applicant has been falsely implicated in the crime. The applicant 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. 6.
The learned APP for the State strongly opposed the application and submitted that the applicant has criminal antecedents. It is further submitted that if the applicant is released on bail, there is possibility that he may commit similar offence again. It is lastly prayed to reject the application.
7.
Perused the papers of investigation and the impugned order, wherein the co-accused who also has criminal antecedents, has been released on bail by the trial court. The present applicant also has criminal antecedents. However, the applicant has roots in the society and he will not flee away from the trial. The trial will take long period. The practical investigation is over. Considering the well-settled principle that bail is rule and jail is exception, the application deserves to be allowed. Hence, the following order:
(( 3 )) 913 BA NO. 1658 OF 2025 ::ORDER::
I.
The application is allowed.
II.
The applicant, in connection with Crime No.563 of 2024 registered at Amalner Police Station, District Jalgaon, for the offences punishable under Section 309(6) 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.
b) The applicant shall not indulge in such activities again. If the applicant is found indulging in similar acts of mischief, the Court seized with the matter may cancel the bail granted to the applicant without further reference to this Court, notwithstanding the fact that he has been released on bail.
[ SANJAY A. DESHMUKH, J. ] HRJadhav