Priyanka Vinod Lokhande Alias Priyanka Joshef Lokhande v. The State Of Maharashtra And Another
2025:BHC-AUG:30988 {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 1961 OF 2025 PRIYANKA VINOD LOKHANDE @ PRIYANKA JOSHEF LOKHANDE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER.
...
Mr. Mahit S. Shaikh, Advocate for applicant Mr. A.D. Wange, APP for State.
WITH BAIL APPLICATION NO. 1964 OF 2025 SANDIP DILIP DODKAR
VERSUS
THE STATE OF MAHARASHTRA.
..
Mr. Kartik Rajesh Sharma, Advocate for applicant. Mr. S.G. Sangle, APP for State.
CORAM : MEHROZ K. PATHAN, J.
DATE : 10th NOVEMBER, 2025.
P.C. :- 1.
The applicants are seeking their release on regular bail in connection with Crime No. 437 of 2025, registered at Shrirampur Taluka Police Station, Dist. Ahilyanagar for the offences punishable under Sections 109, 118(1), 189(2), 190, 191(2), 191(3), 115(2), 352, 351(2) and 351(3) of Bhartiya Nyaya Sanhita.
2.
The case of the prosecution is that the sister of the informant had an altercation with one Akash Dive and Priyanka Lokhande five months prior to the alleged incident. On 14.9.2025, at about 6.00 in the evening informant victim was standing near the home of his sister. At the relevant time, the brother in law of one Sandeep Dodkar who is brother
{2} in law of Akash Dive approached the informant and warned him. At the relevant time the informant was taken at near distance wherein the brother in law of informant namely Akshay Lolge caught hold of the informant and called others alongwith arms. The informant was beaten by iron road by Akshay Lolge and the accused namely Akash Dive tried to inflict a blow by means of sickle on the person of informant and suffered injuries on the palm and fingers while resisting. As the brother, mother, sister and nephews rushed to rescue the informant they were also assaulted by means of iron rods and wooden logs and present applicant beaten the nephew by means of iron rod. While the informant fell down the accused namely Sagar and Sanket Bhalerao continued beating the informant by means of iron rod and wooden log. While accused Akshay Lolge threatened to eliminate the informant and his family members. Based on said report, FIR Crime No. 437 of 2025, was registered. 3.
The learned counsel for the applicant submits that since both the applications are arising out the same FIR, they may be heard together.
4.
I have heard the learned counsel Shri Sharma appearing for applicants in B.A. No. 1964 of 2025 alongwith Mr. Majid Shaikh, appearing for applicants in BA. No. 1969 of 2025, and perused the record and investigation papers made available by learned APP - Shri Sangle. 5.
It is the submission of learned counsel for the applicant that in so far as role of present applicant Sandip is concerned , there is no overt act attributed to the applicant in the assault on injured witness, Babasaheb Dive, Vijay Dive and Sarubai, who reportedly have received grievous injuries in the assault. It is the submission that therefore the applicant being arrested on 14.9.2025 and entire investigation being almost completed, the further incarceration of the applicant may not be necessary and hence, he may be released on bail.
{3} 6.
Mr. Majid Shaikh, learned counsel appearing for applicant Priyanka Lokhande in B.A. No. 1961 of 2025, submits that accused Priyanka is directly alleged to have assaulted Rohit Jadhav, Jyoti Dive and Baby Jadhav in the FIR, there is no evidence to substantiate the said allegation in the form of injury certificate or any other evidence. He, therefore, prays that she being arrested on 15.9.2025 and as her son was suffering from congenital speech impairment and hearing loss in both ears, this Court was pleased to grant temporary bail to her vide order dated 7.10.2025, on the condition that she shall not tamper with the prosecution evidence, nor pressurize the witnesses. He, therefore, submits that the applicant Priyanka has complied with the conditions while granting temporary bail and she can be released on bail as she undertakes not to violate the conditions.
7.
As against this, Shri Sangle, learned APP, vehemently opposes the application on the ground the offence is serious in nature, wherein, 3 persons from the complainant party I.e .Babasaheb, Vijay and Sarubai are serioiusly injured in the assault. There are contused lacer ated wounds sustained by Babasaheb which is reported to be grievous in nature and that there was an attempt to commit murder of the injured witness Babasaheb. He submits that the applicants being instrumental in instigating the accused persons, and starting quarrel, the custody of the applicant till filing of charge sheet would be necessary as there is every likelihood that the applicants may tamper with the prosecution evidence. 8.
I have gone through the investigation papers, injury certificate made available by Shri Sangle, APP and also the FIR. Perusal of the FIR would show that there are no direct allegations of assault as against the present applicants - Sandip Dodkar. The role in the assault on Babasaheb, Vijay and Sarubai are attributed to other accused persons, viz. Yuvraj, Akshay, Akash Karan and Vishal and not on Sandip.
{4} 9.
The applicants are arrested on 14.9.2025 and 15.9.2025 respectively. The investigation papers show that the investigation is almost complete. In so far allegation against present applicant Priyanka in B.A. No. 1961 of 2025 is concerned, there is nothing in the investigation papers to substantiate the allegations of assault by accused Priyanka by iron rod to witness Rohit, Jyoti and Baby, as stated in the FIR. The medical certificates of Rohit, Jyoti and Baby are not on record to verify the correctness of allegations. Be that as it may, these are all prima- facie observations, and it may not influence the learned Sessions Judve. However, looking to the fact that the applicant Priyanka was already released on temporary bail and is not reported to have violated any condition, I am inclined to grant bail to both the applicants, as their custodial interrogation is not necessary. Hence, the following order:-
O R D E R
[I] Both the applications are allowed ;
[ii] The applicants - Sandip Dilip Dodkar in BA No. 1964 of 2025 and Priyanka Vinod Lokhande @ Priyanka Joshef Lokhande - applicant in B.A. No. 1961 of 2025, be released on bail, on furnishing P.B. and S.B. in the sum of Rs. 50,000, each in connection with Crime No. 437 of 2025, registered at Shrirampur Taluka Police Station, Dist. Ahilyanagar for the offences punishable under Sections 109, 118(1), 189(2), 190, 191(2), 191(3), 115(2), 352, 351(2) and 351(3) of Bhartiya Nyaya Sanhita. on the following conditions :- [iii] The applicants shall not tamper with the prosecution evidence; and shall not influence the witnesses. [iv] The applicants shall not enter the limits of Shrirampur Taluka, till framing of charges.
[iv] The applicants shall attend the Police Station Officer
{5} on every Thursday and Friday, till filing of charge sheet and shall attend the trial court on each and every date of trial, except in case of emergency, wherein, they would be required to seek permission from the Superintendent of Police, Ahilyanagar.
[v] The applicants shall furnish his Aadhar Card and Pan Card alongwith their present address and phone numbers and addresses of the applicant's two near relatives to the I.O.
[vi] The application is disposed of.
[MEHROZ K. PATHAN] JUDGE.
grt/-