Karnasaheb Dharmaji Pawar v. The State Of Maharashtra

16 BA NO. 1846 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 16 BAIL APPLICATION NO. 1846 OF 2025 Karnasaheb Dharmaji Pawar

VERSUS

The State Of Maharashtra ...

Mr. V. D. Hon Senior Advocate i/by Mr. N. D. Sonavane, Advocate for Applicant Mr. R. S. Wani, APP for Respondent/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 13.10.2025 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.288 of 2025 registered at Sonai Police Station, District Ahilyanagar, for the offences punishable under Sections 109(1), 118(2), 124(1), 126(2), 189(2), 190, 191(2), 191(3), 324(4) and 324(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The learned advocate for the applicant pointed out the report lodged against the applicant in which the informant averred that the applicant, along with his family members, assaulted him with a sword and a bottle of acid, throwing the acid on the left side of his head. The

(( 2 )) informant sustained serious injuries to his head and leg and therefore, the report was lodged.

4.

The learned advocate for the applicant submitted that three reports are lodged against each other regarding quarrels and assaults between the parties. First report was lodged on 03.08.2025 by the applicant against people from the informant's side alleging that they beat him and threw stones on his house. Thereafter, the second report was lodged on 04.08.2025 that is the present case. Lastly, the third report was lodged on 05.08.2025 by the applicant's brother alleging that people from the informant's side assaulted him on his head, leg and hand. 5.

The learned advocate for the applicant submitted that the applicant's brother, who is the informant in the third FIR, sustained serious injuries to his legs and hands and has not yet undergone surgery due to health complications. He further submitted that the applicant is suffering from a heart illness and has already undergone surgery. The applicant has roots in the society and there is nothing to be seized from him. The practical investigation is over and the trial will take a long period. It is lastly prayed to grant bail to the applicant. 6.

The learned APP for the State strongly opposed the application

(( 3 )) and submitted that the applicant is involved in a serious crime. There are three reports regarding quarrels and assaults between the parties. If the applicant is released on bail, the possibility of commission of a similar nature of crime again at the hands of the applicant cannot be ruled out. At the instance of the applicant, an empty bottle of acid and a Tommy were seized. There is strong material against the applicant. If the applicant is released on bail, he will certainly pressurize the prosecution witnesses and tamper with the evidence. It is lastly prayed to reject the application. 7.

Perused the report, the seizure panchanama and the injury certificate, which show grievous injuries sustained by the informant. The seizure panchanama, including the weapon shows that a tommy and an empty bottle of acid were seized at the instance of the applicant. The applicant has roots in the society and he will not flee away from the trial. The practical investigation is over and further custody of the applicant is not necessary. The trial will take a long period. Considering all these aspects, the application deserves to be allowed. Hence, the following order: ::ORDER::

I.

The application is allowed.

II.

The applicant, in connection with Crime No.288 of 2025 registered at Sonai Police Station, District Ahilyanagar, for the offences

(( 4 )) punishable under Sections 109(1), 118(2), 124(1), 126(2), 189(2), 190, 191(2), 191(3), 324(4) and 324(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond of Rs.25,000/- with one surety of the like amount on following conditions:- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner. b) The applicant, except on the dates fixed for hearing of the trial, shall not enter in village Amalner, Tahsil Newasa, District Ahilyanagar, till the filing of the charge sheet. [ SANJAY A. DESHMUKH, J. ] HRJadhav