Sunil Subhash Ishi v. The State Of Maharashtra

2025:BHC-AUG:36027 1 BA / 2278 / 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 BAIL APPLICATION NO. 2278 OF 2025 SUNIL SUBHASH ISHI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for applicant : Ms. Karishma Sanjay Sarin APP for the respondent - State : Ms. R.R. Tandale ...

CORAM

: SACHIN S. DESHMUKH, J.

DATE : 12 DECEMBER 2025 PER COURT :

The applicant has approached this Court seeking regular bail in connection with FIR bearing Crime No. 0624 of 2025 dated 25.10.2025 registered with Nandurbar City Police Station, District - Nandurbar for the offences punishable under section 109(1), 118(1), 351(2), 351(3) r/w. 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2.

The informant when he was standing in front of his house, on account of previous dispute, was assaulted by the accused persons. It is alleged that Rahul and Shailendra caught hold of the complainant and son of Shailendra gave blow with wooden log on the shoulder. Whereas, the allegation as against present applicant, is of inflicting blow with the knife on the left side of the abdomen and writ of left hand. It is further alleged that applicant fled away from the spot, and thereafter, the informant was taken to the civil hospital.

2 BA / 2278 / 2025 3.

Learned counsel for the applicant submits that the applicant is arrested on 25.10.2025. The recovery of the articles allegedly used is also effected and the applicant is in MCR. As such, further incarceration of the applicant is not warranted. Therefore, prayed for release of the applicant on bail.

4.

On the other hand, learned APP submits that the victim has sustained blow with the knife and there are eye witnesses to the incident. Investigation is in progress and chargesheet is yet to be filed. As such, there is every possibility of the applicant tampering with the prosecution witnesses.

5.

Considering the material on record, and perusal of the investigation papers, prima facie, it appears that the injuries sustained by the informant in the alleged incident, are simple in nature. Equally, recovery of the weapon is effected at the instance of the applicant. Since nothing remains to be recovered, the apprehension regarding tampering of evidence, expressed by the learned APP, can be adequately addressed, by imposing stringent conditions. In view of circumstances, referred to above, request of applicant warrants consideration.

6.

Resultantly, the following order is passed :-

ORDER

(I) Application is allowed.

3 BA / 2278 / 2025 II) Applicant - Sunil Subhash Ishi, 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. 0624 of 2025 dated 25.10.2025 registered with Nandurbar City Police Station, District - Nandurbar for the offences punishable under section 109(1), 118(1), 351(2), 351(3) r/w. 3(5) 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 writing. (b) The applicant shall attend the trial Court every month between 11.00 am to 1.00 pm. to mark his presence.

(c) 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, if he does so, it will entitle the prosecution to apply for cancellation of this order. (d) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court.

(e) The applicant shall not influence with any of the prosecution witnesses or tamper with the evidence, in any manner. (f) 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. (g) In case of infraction of the above conditions and / or two consecutive defaults in marking his attendance before trial

4 BA / 2278 / 2025 Court, it shall attract the provisions of Section 439(2) of Cr.P.C. i.e. for cancellation of bail.

7.

The observations rendered herein-above are prima facie in nature and the concerned Court shall proceed further in the matter uninfluenced by the observations made herein. [ SACHIN S. DESHMUKH ] JUDGE arp/