Rama Bhimrao Erandkar v. The State Of Maharashtra And Another

2025:BHC-AUG:28572 1 of 3 959-BA.1811.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 959 BAIL APPLICATION NO. 1811 OF 2025 Rama Bhimrao Erandkar ... Applicant

Versus

1.

The State of Maharashtra, through Police Station Basmath City, District Hingoli.

2.

Police Inspector, Police Station Basmath (City), District Hingoli.

... Respondents ...

Mr. Ramesh Vitthal Naiknavare, Advocate for Applicant. Mr. N. B. Patil, APP for Respondents-State.

...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

9th OCTOBER, 2025 P.C.:- 1.

Heard learned Advocate for the Applicant and learned APP for the Respondents-State.

2.

This is an application for granting regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Applicant is arrested in Crime No.334 of 2025, registered with Basmath Police Station, District Hingoli, for the offence punishable under Section 105 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS). 3.

It is revealed from the report and statements of witnesses that the incident occurred between the Applicant and his brotherChandu. Both were under the influence of liquor and were proceeding

2 of 3 959-BA.1811.2025.odt on a motorcycle. A quarrel ensued between them during the ride, wherein Chandu first alleged that Anil Gunjale had committed theft of a mobile handset, and earlier, he had made a similar allegation against the Applicant-Rama. During the altercation, Chandu assaulted the Applicant-Rama on his face, whereupon Rama pushed him. Consequently, Chandu fell down, and thereafter, Anil assaulted Chandu on the head from behind with an iron pipe two to three times, resulting in Chandu's death.

4.

Learned Advocate for the Applicant submitted that the Applicant had not assaulted Chandu. It is submitted that when Chandu assaulted the Applicant on his face with a fist blow, the Applicant merely pushed him from the vehicle, and thereafter, the co-accused Anil assaulted Chandu on his head. The Applicant has deep roots in the society and has no criminal antecedents. It is further submitted that the trial is likely to take a considerable period to conclude. Considering these aspects, it is prayed that the Applicant be released on bail. 5.

Learned APP for the Respondent-State opposed the application and submitted that the Applicant has been booked for a serious offence of murder. It is contended that if released on bail, the Applicant may pressurize prosecution witnesses and tamper with the evidence. Considering the gravity and seriousness of the offence, it is, therefore, prayed that the application be rejected.

3 of 3 959-BA.1811.2025.odt 6.

Perused the charge-sheet, particularly the report, statements of witnesses, and the post-mortem report of deceased Chandu. The role attributed to the Applicant is that when Chandu assaulted him on the face, the Applicant pushed Chandu from the motorcycle, causing him to fall down. Thereafter, the co-accused Anil assaulted Chandu on the back side of his head with an iron rod. Considering the specific role attributed to the Applicant and the overall circumstances of the case, the application deserves to be allowed.

7.

In view of the above, the application is allowed in the following terms :

a] The Applicant shall be released on bail in connection with FIR No.334 of 2025, registered with Basmath Police Station, District Hingoli, on furnishing PR bond of Rs.50,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The Applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case. 8.

The application stands disposed of.

(SANJAY A. DESHMUKH, J.) Tauseef