Haribhau Dhondiba Ghule (Ghuge) And Others v. The State Of Maharashtra And Another
983(1) BA NO. 1684 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 983 BAIL APPLICATION NO. 1684 OF 2025 1.
Haribhau Dhondiba Ghule (Ghuge) 2.
Ranjit Sampat Nagre 3.
Ramdas Dnyanoba Ghule 4.
Ajay Ramdas Ghule ....APPLICANTS
VERSUS
1.
The State of Maharashtra 2.
The Sailu Police Station, Sailu ....RESPONDENTS ...
Mr. Jadhavar Shivprasad G., Advocate for Applicant Mr. R. S. Wani, APP for Respondents/State ....
CORAM : SANJAY A. DESHMUKH, J.
DATE : 09.09.2025 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.0406 of 2025 registered at Sailu Police Station, District Parbhani, for the offences punishable under Sections 109, 118(2), 118(1), 115(2), 352, 351(2), 351(3), 189(2), 189(4), 191(2), 191(3) and 190 of the Bhartiya Nyaya Sanhita, 2023 and under Sections 4/25 of the Arms Act and Section 135 of the Maharashtra Police Act. The applicants' application bearing Bail Application No.558 of 2025 with similar prayer came to be rejected by the learned Additional Sessions Judge-1, Parbhani, District Parbhani, vide order dated 19.08.2025.
(( 2 )) 983(1) BA NO. 1684 OF 2025 3.
The learned advocate for the applicants pointed out the contents of the report, particularly the role of these applicants as alleged by the informant that they beat him and others by fists and kick blows also slapped them and threatened to kill them. He submitted that the applicants have roots in the society. He further submitted that the role attributed to these applicants is different from the other co-accused, and therefore, he prayed to grant bail. 4.
The learned APP for the State strongly opposed the application and submitted that the names of the applicants are specifically mentioned in the report that they assaulted the informant with fists and kick blows. He further pointed out the injury certificates of six injured persons. He contended that if the applicants are released on bail, there is possibility that they may commit similar offence again. He, therefore, prayed to reject the application. 5.
Perused the papers of investigation, particularly the report, injury certificates as well as statements of witnesses. The role of the applicants, as alleged by the informant in the report, is that they assaulted him and other witnesses with fists and kick blows and also slapped them. The applicants have roots in the society and they will not flee away from the trial. The trial will take long period. Considering all these aspects and particularly that the applicants have no criminal antecedents, the application deserves to be allowed by considering the principle that bail is the rule and jail is the exception. Hence, the following order:
(( 3 )) 983(1) BA NO. 1684 OF 2025 ::ORDER::
I.
The application is allowed.
II.
The applicants in connection with crime No.0406 of 2025 registered at Sailu Police Station, District Parbhani, for the offences punishable under Sections 109, 118(2), 118(1), 115(2), 352, 351(2), 351(3), 189(2), 189(4), 191(2), 191(3) and 190 of the Bhartiya Nyaya Sanhita, 2023 and under Sections 4/25 of the Arms Act and Section 135 of the Maharashtra Police Act, be released on bail on furnishing personal bond of Rs.50,000/- each with one surety each of the like amount on following conditions:- a) The applicants shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner.
[ SANJAY A. DESHMUKH, J. ] HRJadhav