Nischal Madhukar Bondar v. The State Of Maharashtra And Another
2025:BHC-AUG:30609
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 2159 OF 2025 Nishchal Madhukar Bondar
VERSUS
The State Of Maharashtra And Another ...
• Mr. Vijaykumar C. Patil (ashtekar), Advocate for Applicant • Mr. S. M. Ganachari, APP for Respondent/State ...
CORAM : MEHROZ K. PATHAN, J.
DATED : 07.11.2025 PER COURT :- 1.
The applicant has approached this Court, seeking interim relief to enable him to appear for the B.C.A. 3rd Year, 5th Semester (Practical and Theory) Examinations scheduled to be held from 08.11.2025 to 25.11.2025 at the Advanced Computer College, Dharashiv. 2.
It is the submission of the learned counsel for the applicant that an identical application was earlier moved before this Court, and this Court vide order dated 03.04.2025, was pleased to grant temporary bail to the applicant to appear in the examinations, which was commencing from 05.04.2025 and was directed to surrender before the jail authority on 26.04.2025. The learned counsel for the applicant further submits that the aforesaid order was passed at the 1/5
time when the charge-sheet had not been filed. 3.
After filing of the charge-sheet, the applicant has moved the learned trial court in terms of the liberty granted by this Court to make a fresh application after filing of the charge-sheet, as successive bail applications are already rejected. The learned Fast Track Special Court, Dharashiv, while permitting the applicant to appear for the examination between 08.11.2025 and 25.11.2025, imposed a condition directing the applicant to pay necessary police bhatta for the deployment of a police escort during the said period. 4.
It is the submission of the counsel for the applicant that such a condition adversely affect the applicant's status and dignity as a student. It is contended that being accompanied by a police escort to the examination centre would affect his mental state during the examination. It is, therefore, prayed that except for the said condition, the remaining part of the order of the learned Special Court may be maintained. The applicant undertakes to report to the concerned police station every day during the examination period. 5.
I have perused the order dated 03.04.2025 passed by this Court in Bail Application No. 559 of 2025, wherein temporary bail was granted by this Court to the applicant for the limited purpose of appearing in examinations. It is informed that the bail application on 2/5
merits has already been rejected by this Court, and the present relief is being sought solely to enable the applicant to attend his practical and theory examinations.
6.
I have also gone through the order passed by the Fast Track Special Court, Dharashiv, which considers in detail the examination schedule of the applicant. Considering that this Court had earlier permitted the applicant to appear for examinations without any police escort, I am inclined to grant the same relief on this occasion as well, with a modification to the condition relating to payment of police bhatta and police escort. Hence, the following order:- OPERATIVE ORDER (1) Prayer for temporary bail is hereby granted.
(2) The accused Nishchal Madhukar Bondar is permitted to attend practical as well as main examination to be held between 08.11.2025 to 25.11.2025 at Advanced Computer College, Dharashiv, as per the following schedule: Date Time 08.11.2025 10.00 AM to 12.10 P.M.
10.11.2025 10.00 AM to 12.10 P.M.
11.11.2025 10.00 AM to 12.10 P.M.
19.11.2025 10.00 AM to 01.00 P.M.
20.11.2025 10.00 AM to 01.00 P.M.
21.11.2025 10.00 AM to 01.00 P.M.
3/5
22.11.2025 10.00 AM to 01.00 P.M.
24.11.2025 10.00 AM to 01.00 P.M.
25.11.2025 10.00 AM to 01.00 P.M.
(3) Applicant shall be released forthwith on temporary bail for the period from 08.11.2025 to 26.11.2025, in connection with Crime No. 0407 of 2024 registered at Anandnagar Police Station, District Dharashiv, on executing Personal Bond of Rs. 25,000/- with one surety in the like amount on the following conditions:- (a) The applicant is permitted to remain out of custody only for the purpose of attending the examinations as mentioned above.
(b) The applicant shall report to Anandnagar Police Station, District Dharashiv, every evening between 07:00 p.m. and 08:00 p.m. during the period of temporary bail.
(c) The applicant shall surrender himself to the jail authorities on 26.11.2025 during daytime.
(d) The applicant shall not contact the informant or her family, shall not misuse the liberty granted, and shall not tamper with the evidence in any manner.
4/5
(e) Violation of any of the above conditions shall entitle the Court to take appropriate action against the applicant, including cancellation of temporary bail forthwith.
(4) The application stands disposed of.
(5) Parties to act on an authenticated copy of this operative order.
( MEHROZ K. PATHAN, J. ) 5/5