Siddharth Suresh Somdeve v. State Of Maharashtra Thr Pso Ps Jaripatka, Dist Nagpur

2025:BHC-NAG:13377 1 23.1105.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1105/2025 Siddharth s/o. Suresh Somdeve Vs. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P. S. Jailswal, Advocate for the Applicant. Mr. V. A. Thakare, A.P.P. for the Non-applicant/State. CORAM : MRS.VRUSHALI V. JOSHI,J.

DATED : 02/12/2025.

.

Heard.

2.

The applicant is arrested in Crime No.0228/2025 for the offences punishable under Sections 109, 115(2), 118(2), 126(2), 189(2), 189(4), 190, 191, 296 of the Bharatiya Nyaya Sanhita, 2023.

3.

It is alleged that there is enmity between two groups. Earlier the complainant along with his friend came on Panthela of one Chhotu and asked for this applicant. The applicant came to know that the complainant and his friends are searching him and, therefore, he went in his search. The scuffle took place between two groups. There are allegations against this applicant that he assaulted one Nayan Ramteke with knife and he was seriously injured. The crime is registered against this applicant. Since nine months the applicant is in jail 4.

The learned Counsel for the applicant has stated that two applicants/accused, who are arrested are already released on bail. The investigation is completed. The charge-sheet is filed. The injured is discharged. The knife is recovered from this applicant. Therefore, further custody of this applicant is not required. He will abide by

2 23.1105.25 the conditions imposed by this Court. Hence, prayed to release him on bail.

5.

The learned A.P.P. opposed the application stating that the applicant has assaulted with knife on a vital part of the injured. The injured was in hospital for more than one month. He was seriously injured. Considering the gravity of the offence, prayed to reject the application. 6.

Heard the learned Counsel for the applicant and the learned A.P.P. for the State.

7.

The applicant is in jail since nine months. The injured is already discharged. It will take time to conclude the trial. Hence, there is no need to keep the applicant behind the bar. Accordingly, I proceed to pass the following order :

i] The criminal application is allowed.

ii] The applicant shall be released on bail in connection with Crime No.0228/2025 for the offences punishable under Sections 109, 115(2), 118(2), 126(2), 189(2), 189(4), 190, 191, 296 of the Bharatiya Nyaya Sanhita, 2023, on furnishing P.R. Bond of Rs.25,000/- with one solvent surety in the like amount.

iii] The applicant shall not enter into the vicinity where the injured is stayed.

iv] The applicant shall not in any way tamper with the prosecution evidence.

v] The applicant shall not pressurize or threaten the prosecution witnesses.

3 23.1105.25 vi] The applicant shall attend the concerned Police Station on every Monday and Saturday between 1:00 p.m. to 2:00 p.m.

vii] The applicant shall co-operate the Investigating Officer.

The Criminal application is disposed of accordingly.

(MRS. VRUSHALI V. JOSHI, J.) RGurnule