Ashish S/O Dinesh Jawale v. The State Of Maharashtra, Thr. P. I. , P. S. Akot Fail, Akola
2025:BHC-NAG:8927 1 / 4 13- ba-432-25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(BA) NO. 432 OF 2025 Ashish Dinesh Jawale Vs. State of Maharashtra and anr. ------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
------------------------------------------------------------------------------------------ Ms.Sonal M.Tripathi, counsel for the applicant. Mr. Anant Ghogare, APP for the State.
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATE : 09/09/2025 1.
Heard.
2.
By this application, the applicant has prayed for regular bail in Crime bearing No.584 of 2024 registered with Akot Fail, Police Station, district Akola for the offences punishable under Sections 109, 352, 3(5) of Bhartiya Nyaya Sanhita, 2023.
3.
It is the case of the prosecution that the applicant along with other co-accused assaulted the injured and the sister of the injured has lodged the complaint. The allegations are made against this applicant are that he has stabbed the injured with knife, as there was quarrel between
2 / 4 13- ba-432-25 the applicant and other two co-accused in the afternoon and thereafter in the evening when the injured was seating at petal shop, the applicant assaulted him. The police informed about the occurrence of the incident to the sister of the injured and thereafter she has lodged the complaint. 4.
The learned counsel appearing for the applicant has stated that there are discrepancies in the statement made by the first informant. Time which she has mentioned is not correct. In supplementary statement, she has mentioned different time and in First Information Report she has stated about it in the evening. She is not the eye witness. The coaccused are also released on bail. The injured is discharged from the hospital. The investigation is almost over. For the purpose of investigation his detention is not warranted. He has no criminal antecedents. He is ready to abide by the conditions imposed by this Court. Hence, prayed to release the applicant on regular bail.
5.
The learned APP opposed the application stating that the injury report shows that it was the grievous injury. The applicant has assaulted with knife and knife is recovered from this applicant. Considering the gravity of the offence prayed to reject the application.
3 / 4 13- ba-432-25 6.
Heard the learned Advocate for the applicant and the learned APP for the State. Perused the record and proceedings.
7.
The offence under Section 109 of the Bhartiya Nyaya Sanhita, 2023 is registered against this applicant. The other co accused are already released on bail. The applicant's role is that he has assaulted with knife. Now the injured is discharged from the hospital. The offence is committed before 9 months.
8.
Since, the investigation is almost over and the injured is discharged from the hospital, in my opinion, the bail cannot be denied to the applicant. Accordingly, I pass the following order:
i) Criminal application is allowed.
ii) Applicant- Ashish Dinesh Jawale be released on bail in Crime No.584 of 2024 registered at Akot Fail, Police Station, district Akola for the offences punishable under Sections 109,352,3(5) of Bhartiya Nyaya Sanhita, 2023 , on his furnishing P.R. Bond in the sum of Rs.
4 / 4 13- ba-432-25 25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount.
iii] The applicant shall not enter in the area in which the injured is staying.
iv] The applicant shall not in any way tamper with the prosecution evidence.
v] The applicant shall not pressurise or threaten the prosecution witnesses.
vi] The applicant shall co-operate the investigation officer.
9.
The Criminal Application stands disposed of accordingly.
JUDGE