Balu Laxman Salve And Another v. The State Of Maharashtra

2025:BHC-AUG:34547 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 2020 OF 2025 BALU LAXMAN SALVE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA *** Advocate for Applicants : Mr. S. B. Bhosale APP for Respondents-State : Ms. R. R. Tandale *** CORAM : SACHIN S. DESHMUKH, J.

Date : 9th December, 2025 ORDER :- 1.

The applicant has approached this Court seeking regular bail in connection with FIR dated 10.05.2025 bearing Crime No. 250 of 2025 registered with Pathari Police Station, Dist. Parbhani for the offences punishable under Sections 109, 118(1), 118(1), 351(2), 352, 353 and 3(5) of Bharatiya Nyaya Sanhita, 2023.

2.

The case of the prosecution is that informant Vaishali Vishnu Salve has been residing separately from her husband from past 10 years at her parental home at Hadgaon. The husband of the informant used to suspect the character and suspected her of having the illicit relations with one Sharad Murlidhar Ghanghav. 3.

On 08.05.2025 at about 02.00 p.m. when the informant

-2was at the parent's home along with her son Prem and parents, Sharad Murlidhar Ghanghav came there to visit. The son of the informant informed the said fact to his father. Thereafter, at about 03.00 p.m., husband of informant alongwith present applicants reached the parent's house of informant and started to abusing and assaulting Sharad by means of stone.

4.

Applicant No. 2 / Vaibhav assaulted Sharad by spade with intent to kill. Applicant No. 1 / Balu Salve assaulted Sharad by means of iron rod. Prem also assaulted Sharad by means of stone. When Informant and her parents tried to pacify the quarrel, accused / applicant No. 2 assaulted the informant by means of spade. Prem assaulted the informant by stone on leg. Thereafter, all the accused left the spot after threatening to kill the Informant. 5.

The learned counsel for applicants submits that coaccused namely Vishnu in this crime is enlarged on regular bail. It is further submitted that the applicants were arrested on 12.05.2025 and since then, they are in judicial custody. The applicants are falsely implicated in the crime. Investigation is completed and charge-sheet is filed. Hence, incarceration of the applicant is not necessary. Therefore, prayed to allow the application.

-36.

The learned APP has opposed the application and submitted that the crime is serious in nature and there is sufficient material on record to establish the complicity of the applicants. Hence, prayed to reject the application.

7.

The investigation of the case is complete and the charge-sheet has been filed. Moreover, the alleged weapon and other articles in connection with crime are already recovered by the Investigating agency. As such, nothing remains to be recovered at the instance of the present applicants.

8.

Thus, in my considered opinion, no fruitful purpose would be served by keeping the applicant behind the bars any further. Hence, the applicants deserve to be enlarged on bail by imposing stringent conditions. Hence, the following order :-

ORDER

(I) Application is allowed.

(II) Applicants - No. 1 Balu Laxman Salve and No. 2 Vaibhav Vishnu Salve be released on regular bail on furnishing P.R. bond of Rs. 50,000/- (Fifty Thousand Only) each with one or two local solvent sureties in the like amount, in Crime No. 250 of 2025 registered with Pathari Police Station, Dist. Parbhani for the offences punishable under Sections 109, 118(1),

-4118(1), 351(2), 352, 353 and 3(5) of Bharatiya Nyaya Sanhita, 2023, on the following conditions :- (a) The applicants shall attend each and every date of the Trial Court unless exempted by the Trial Court. (b) The applicants shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

(c) The applicants 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.

(d) Breach of any of the conditions by the applicants would entail the cancellation of the bail.

(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