Omkar Bhaskarrao Shinde And Another v. The State Of Maharashtra

988 BA NO. 1783 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 988 BAIL APPLICATION NO. 1783 OF 2025

1. Omkar Bhaskarrao Shinde

2. Abhijit Padmakar Sanghai ....APPLICANTS

VERSUS

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

Mr. Bora Satyajit S., Advocate for Applicant Mr. P. P. Dawalkar, APP for Respondent/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 07.10.2025 PER COURT :- 1.

Heard.

2.

This is an application for grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.242 of 2025, registered at Nanalpeth Police Station, District Parbhani, for the offences punishable under Sections 103(1), 249, 351(2), 351(3) and 61(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

It is averred in the report that the co-accused committed the murder of Vishal and the applicants assisted them in fleeing from the city after the commission of the crime. Therefore, the applicants came to be arrested.

4.

The learned advocate for the applicants submitted that the

(( 2 )) 988 BA NO. 1783 OF 2025 applicants have no criminal antecedents. The charge-sheet has already been filed. The applicants have roots in the society and they will not flee away from the trial. The trial will take a long period. Considering all these aspects, it is submitted that the applicants be released on bail. 5.

The learned APP for the State strongly opposed the application and submitted that the applicants are involved in a serious crime of murder. They allegedly assisted the main accused in fleeing by providing a motorcycle. If the applicants are released on bail, they are likely to pressurize prosecution witnesses and tamper with the evidence. It is lastly prayed to reject the application.

6.

Perused the charge-sheet, particularly the report and the statements of witnesses. The role attributed to the applicants is that they helped the main accused to flee from the spot of the incident on their motorcycle, which indicates that they were not present at the time of the actual commission of the murder of Vishal. The applicants have roots in the society and have no criminal antecedents. The trial will take a long period and their presence can be secured as and when required. Considering all these aspects, the application deserves to be allowed on the principle that bail is the rule and jail is the exception. Hence, the following order: ::ORDER::

I.

The application is allowed.

(( 3 )) 988 BA NO. 1783 OF 2025 II.

The applicants, in connection with Crime No.242 of 2025, registered at Nanalpeth Police Station, District Parbhani, for the offences punishable under Sections 103(1), 249, 351(2), 351(3) and 61(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond of Rs.25,000/- 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