Balasaheb Vishwnath Ghule And Another v. The State Of Maharashtra

948 BA NO. 1752 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 948 BAIL APPLICATION NO. 1752 OF 2025 1.

Balasaheb S/o Vishwanath Ghule 2.

Govind S/o Udhav Nagre ....APPLICANTS

VERSUS

1.

The State of Maharashtra ....RESPONDENT ...

Mr. Chavan Sudhir K, Advocate for Applicant Mr. P. P. Dawalkar, APP for Respondent/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 20.09.2025 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.0408 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 and 25 of the Arms Act and Section 135 of the Maharashtra Police Act. The applicants' application bearing Bail Application No.557 of 2025 with similar prayer came to be rejected by the learned Additional Sessions Judge-1, Parbhani, District Parbhani, vide order dated 28.08.2025.

3.

The learned advocate for the applicants pointed out the contents of the report, particularly the role of these applicants as alleged by the

(( 2 )) 948 BA NO. 1752 OF 2025 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:

::ORDER::

I.

The application is allowed.

II.

The applicants, in connection with crime No.0408 of 2025 registered at

(( 3 )) 948 BA NO. 1752 OF 2025 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 and 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