Namdev Babruwan Bhosale v. The State Of Maharashtra

2025:BHC-AUG:34110 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1872 OF 2025 NAMDEV BABRUWAN BHOSALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Anand Singh S. Bayas a/w Ms. Sonali G. Somwanshi APP for Respondents-State : Mr. S. M. Ganachari ...

CORAM : SACHIN S. DESHMUKH, J.

Date : 3rd December, 2025 ORDER :- 1.

The applicant has approached this Court seeking regular bail in connection with FIR dated 02.06.2025 bearing Crime No. 117 of 2025 registered with Kasarshirshi Police Station, Dist. Latur for the offences punishable under Sections 118(1), 118(2), 333 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2.

It is the case of the prosecution that on 01.05.2025 at about 1.45 pm, applicant along with two other accused, assaulted the informant, security guard and a labourer by use of hunter. The informant sustained serious injuries. The other two companions of the complainant also suffered certain injuries.

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Heard the learned counsel for the applicant and learned APP for the State.

4.

The learned counsel for applicant submits that other two accused in this crime are enlarged on regular bail by the Court of Sessions. It is further submitted that the test identification parade is not conducted and there are contradictions in the contents of the FIR and the statement of the eye witness. Hence, submitted that the Applicant is falsely implicated and be released on bail.

5.

Per contra, the learned APP vehemently opposed the application and submits that the crime is serious in nature and there is sufficient material on record to establish the complicity of the applicant. Hence, prayed to reject the application. 6.

As per the FIR, three persons came on a bike and initially assaulted the Security Guard and the labourer with hunter and thereafter approached the informant. As such, the contents of FIR indicate that assailants were unknown to informant and came to know about their names later on. Still, the accused including the present applicant are named in the alleged crime.

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Perusal of the record indicates that there is contradiction in opinion regarding the injuries suffered by the informant as certified by the concerned hospitals. Also, there are certain inconsistencies in the statement of the witness and that of the Informant.

8.

Nevertheless, the investigation of the case is complete and the charge-sheet is filed to that effect. Furthermore, the alleged weapon and other articles in connection with crime are recovered by the Investigating agency. As such, nothing is to be recovered at the instance of the applicant.

9.

Thus, in my considered opinion, no fruitful purpose would be served by keeping the applicant behind the bars for indefinite period. Hence, the Applicant deserves to be enlarged on bail by imposing conditions. Hence, the following order :-

ORDER

(I) Application is allowed.

(II) Applicant - Namdev Babruwan Bhosale be released on regular bail on furnishing P.R. bond of Rs. 50,000/- (Fifty Thousand Only) with one or two local solvent sureties in the like amount, on the following conditions :-

-4- (a) The applicant shall attend each and every date of the Trial Court unless exempted by the Trial Court. (b) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

(c) The applicant shall submit his Aadhar and Pan Card to the Investigation Officer and detailed addresses and phone numbers of applicant and two of the near relatives.

(iii) Needless to states that the observations rendered herein are to the extent of this application and the trial court shall not be influenced by the same. (SACHIN S. DESHMUKH, J.) Omkar Joshi