Bhagwan Sheshrao Mate v. The State Of Maharashtra And Another
919 BA NO. 1802 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 919 BAIL APPLICATION NO. 1802 OF 2025 Bhagwan Sheshrao Mate
VERSUS
The State Of Maharashtra And Another ...
Mr. Mahesh L. Muthal and Mr. S. G. Dhormare, Advocate for Applicant Mr. S. B. Narwade, APP for Respondents/State ....
CORAM : SANJAY A. DESHMUKH, J.
DATE : 08.10.2025 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.157 of 2025 registered at Khultabad Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 105 and 110 of the Bharatiya Nyaya Sanhita, 2023. 3.
The learned advocate for the applicant pointed out the report in which it is averred that on 25th April 2025, the informant, Raosaheb Chaganrao Nikam, along with Pandit Keruba Bhalerao and Sopan Nikam, were standing by the side of the road. At about 5:30-5:45 P.M., a white coloured car came from the Indapur side towards Bazarsawangi, being driven on the wrong side in a zigzag manner and at high speed and gave a dash to them. As a result of which the informant fell on the road and sustained injuries to his right shin and his leg was fractured. Pandit
(( 2 )) and Sopan, who were with him, also sustained serious injuries. After the accident, local residents, including Balu Katkar, Ganesh Nikam, Dadasaheb Nikam, and Ashok Katkar, gathered at the spot and took the injured persons to Ghati Hospital, Chhatrapati Sambhajinagar. The informant was later admitted to Century Hospital, Chhatrapati Sambhajinagar, for further treatment. During treatment, the informant came to know from his relatives that on the same day, after the wedding of Amol Prabhakar Nalawade, a similar incident had occurred involving the same white Creta car. Around 5:30 PM, the said white coloured Creta car, bearing registration number MH-28-AZ-6699, with occupants namely Akash Mate, Dnyaneshwar Mate, Bhagwan Mate, Ganesh Deokar, and others, stopped Amol Nalawade's car near Pishore at Indapur Chowk.
It is alleged that they assaulted the bridegroom and attempted to kidnap the bride. When local residents intervened, the accused fled away from the spot in the said vehicle at high speed towards Bazarsawangi and hit the informant and others standing by the roadside, causing serious injuries. Thereafter, the said car was caught by local people, however, the occupants ran away. A hokey stick, wooden logs and empty liquor bottles were found inside the car. It is alleged that the the applicant was driving the said car at the relevant time. Thereafter, the informant lodged an FIR on the next day of the incident against the applicant and co-accused.
(( 3 )) 4.
The learned advocate for the applicant submitted that the applicant is falsely implicated in the crime. The applicant has roots in the society and he will not flee away from the trial. The charge sheet has been filed and further custody of the applicant is not necessary. 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 submitted that the applicant is involved in a serious crime. It is pointed out that a report was lodged by a Rahul Nalawade against the applicant under Sections 61(2), 62, 74, 75, 137(2), 115(2), 126(2), 351(2), 351(3), 352, 189(2), and 190 of the Bharatiya Nyaya Sanhita, 2023, on 25.04.2025. In the said report, it is alleged that the applicant, along with other coaccused, attempted to kidnap the wife of Amol Nalawade, and in the course of that incident, the present incident took place. If the applicant is released on bail, he will certainly pressurize the prosecution witnesses and tamper with the evidence. There is a possibility that the applicant may again commit a similar offence, especially considering that, at the time of the incident, he was allegedly driving the car under the influence of liquor, which ultimately caused the death of Pandit Bhalerao. It is lastly prayed to reject the application.
(( 4 )) 6.
Perused the charge-sheet, particularly the report and statements of witnesses. It appears that the applicant, along with co-accused, had attempted to kidnap the wife of Amol Nalawade. The overt act attributed to the applicant is of a serious nature. The applicant, along with the coaccused, was armed with weapons and drove the vehicle in a rash and negligent manner and gave dash to the informant and others in which Pandit sustained serious injuries and succumbed to that injuries. Considering the conduct of the applicant and the serious nature of his overt act, he may certainly pressurize the prosecution witnesses and tamper with the evidence. The possibility of commission of a similar nature of crime again on the part of the applicant cannot be ruled out. The application, therefore, deserves to be rejected. The Bail Application is rejected. [ SANJAY A. DESHMUKH, J. ] HRJadhav