Bhaidas Sonu Vhodagar (Thelari) And Others v. The State Of Maharashtra
2025:BHC-AUG:25036 985 BA NO. 1703 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 985 BAIL APPLICATION NO. 1703 OF 2025 1.
Bhaidas Sonu Vhodagar (Thelari) 2.
Vedu Changu Dagade (Thelari) 3.
Bhagat @ Dada Changu Dagade (Thelari) ...APPLICANTS
VERSUS
1.
The State of Maharashtra ...RESPONDENT ...
Mr. Pramod C. Mayure, Advocate for Applicant Mr. R. S. Wani, APP for Respondent/State CORAM : SANJAY A. DESHMUKH, J.
DATE : 16.09.2025 PER COURT :- 1.
Heard.
2.
This is an application for granting bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.239 of 2025 registered at Deopur West Police Station, District Dhule, for the offences punishable under Sections 109, 118(1), 189(2), 191(2)(3), 190, 351(2) and 351(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 37(1), 37(3) and 135 of the Maharashtra Police Act. 3.
The learned advocate for the applicant pointed out the report in which it is averred that on 15.07.2025, the people from Hanumantwadi and Malharpadawadi had mutually agreed upon the area designated for grazing their sheep. On 16.07.2025, at around 12.00 noon, the informant, along with other people from his village, was grazing sheep in the forest area of Tisgaon Shivar, at that time, the
(( 2 )) 985 BA NO. 1703 OF 2025 applicants, along with 40 to 50 others, came there armed with sticks and axes. They sent their sheep for grazing in the area allotted to the informant and his villagers. Therefore, the informant and other people from his village tried to tell the accused persons not to do so, but they did not listen them and started beating the informant and his villagers with sticks. The accused persons assaulted Nana Lakha Tele and Motilal Tele on their heads. As a result of which they caused grievous injuries and lost their consciousness. They also beat the informant and other people. After the police arrived at the spot of the incident, the accused persons ran away. Based on these allegations, a report was lodged on the next day of the incident. 4.
The learned advocate for the applicant submitted that the applicants have roots in the society and they will not flee away from the trial. The trial will take a long period. It is lastly prayed to allow the application.
5.
The learned APP for the State strongly opposed the application and pointed out the injury certificates of the injured informant and others. He submitted that if the applicants are released on bail, the possibility of their committing a similar offence cannot be ruled out. Furthermore, the investigation is not yet completed. Therefore, he lastly prayed to reject the application.
6.
Perused the papers of investigation, particularly the report,
(( 3 )) 985 BA NO. 1703 OF 2025 injury certificates and other documents. The injury certificates indicate that simple injuries were caused to the informant and others and since the applicants have roots in the society, they will not flee away from the trial. The trial will take a long period. This is a fit case to grant bail on the principle that bail is rule and jail is exception. Therefore, without adverting to the merits of the case, it would be proper to allow the application. Hence, the following order:
::ORDER::
I.
The application is allowed.
II.
The applicants, in connection with Crime No.239 of 2025 registered at Deopur West Police Station, District Dhule, for the offences punishable under Sections 109, 118(1), 189(2), 191(2)(3), 190, 351(2) and 351(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 37(1), 37(3) and 135 of the Maharashtra Police Act, be released on bail on furnishing personal bond of Rs.15,000/- 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