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Bombay High CourtBA/2100/2025disposed off

Ravindra Bharat Kale v. The State Of Maharashtra And Another

2025-12-17Hon'Ble Shri Justice Sachin S. Deshmukh4 pages

2025:BHC-AUG:36437 1 BA / 2100 / 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 BAIL APPLICATION NO. 2100 OF 2025 RAVINDRA BHARAT KALE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for applicant : Mr. S.R. Andhale APP for the respondent - State : Ms. D.S. Jape ...

CORAM

: SACHIN S. DESHMUKH, J.

DATE : 17 DECEMBER 2025 PER COURT :

The applicant has approached this Court seeking regular bail in connection with FIR bearing Crime No. 0544 of 2025 dated 16.05.2025 registered with Pathardi Police Station, District - Ahilyanagar for the offences punishable under section 109, 109(1), 118(1), 238, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023. 2.

Heard the learned counsel for the applicant and the learned APP. Perused the FIR and the material on record. 3.

The applicant is arrested on 21.06.2025 in connection with the incident dated 13.05.2025. In the FIR, it is alleged that on 13.05.2025, when the complainant purchased a bag of wheat and paid the amount in cash to father of the accused. Thereafter, on the same day, when the complainant was in front of a General Store at about

2 BA / 2100 / 2025 7.00 pm, the accused came towards the complainant in drunken condition and made demand of payment of amount of the wheat purchased, which was already paid to the father of the applicant. Upon refusal, the accused got annoyed and abused the complainant and threatened to kill him, if he does not pay the amount and went away. After some time, the accused came in front of the store, armed and stabbed with the knife. The complainant became unconscious and was admitted to hospital.

4.

Learned counsel for the applicant submitted that the alleged incident has occurred without any premediation. The applicant was arrested on 21.06.2025, chargesheet is filed and recovery of the article has been effected. No purpose would be served by further detention of the applicant and prayed for release of the applicant on bail.

5.

Per contra, learned APP vehemently submitted that there are eye witnesses, even the medical certificate confirms the injuries sustained by the victim. He expressed an apprehension that in case the applicant is enlarged on bail, he may pressurize the prosecution witnesses. He, therefore, prayed to reject the application. 6.

Upon considering the submissions of both the sides and perusing the material on record, including the charge-sheet, prima

3 BA / 2100 / 2025 facie, indicates that alleged act is without there being premediation. The arrest of the applicant is effected on 21.06.2025. Moreover, investigation is complete and the chargesheet is filed on 09.09.2025. Necessary recovery is also effected at the instance of the applicant. Therefore, in view of the aforesaid aspects, the discretion can be exercised by granting bail to the applicant.

7.

Resultantly, the following order is passed :-

ORDER

(I) Application is allowed.

II) Applicant - Ravindra Bharat Kale, be released on regular bail upon furnishing P.R. bond in the sum of Rs.50,000/- (Fifty Thousand only) with one or two local solvent sureties in the like amount, in connection with Crime No. 0544 of 2025 dated 16.05.2025 registered with Pathardi Police Station, District - Ahilyanagar for the offences punishable under section 109, 109(1), 118(1), 238, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023, on the following conditions :- (a) After his release from jail, the applicant shall report to the Investigating Officer as and when called for in writings. (b) The applicant shall attend the trial Court every month between 11.00 am to 1.00 pm. to mark his presence.

4 BA / 2100 / 2025 (c) The applicant shall not stay at Aadgaon, Taluka - Pathardi, District - Ahilyanagar, till the conclusion of the trial. (d) Applicant shall co-operate with the conduct of trial and attend trial Court on all dates unless specifically exempted and will not take any unnecessary adjournment.

(e) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court.

(f) The applicant shall not influence with any of the prosecution witnesses or tamper with the evidence, in any manner. (g) Before his actual release from jail, the applicant shall furnish his address where he propose to reside after his release from jail, to the concerned Police Station and also to the Trial Court. (h) In case of infraction of the above conditions and / or two consecutive defaults in marking his attendance before trial Court, it shall attract the provisions of Section 439(2) of Cr.P.C. i.e. for cancellation of bail.

[ SACHIN S. DESHMUKH ] JUDGE arp/