Rajesh Krishna Khumbhar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2364 OF 2025 Rajesh Krishna Khumbhar ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Pramod Kathane, a/w Adv. Sariputta Sarnath, Mr. Samyak Bhatkar, Advocate for Applicant.

Mr. N. B. Patil, APP for the Respondent-State. Mr. Govinda Natha Kolekar, (PSI) Ichalkaranji Police Station, present. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

22nd SEPTEMBER 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.437 of 2024 registered with Ichalkaranji Police Station, District : Kolhapur for the offences punishable under Sections 109, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and Section 142 of the Maharashtra Police Act, 1951. 2.

It is prosecution's case that on 22nd October 2024 in between 6.00 to 6.30 p.m. when first informant's daughter was going to home, at that time the applicant assaulted her with intention to kill her.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.09.24 19:51:52 +0530 SAJAKALI LIYAKAT JAMADAR

3.

It is contention of learned counsel for the applicant that applicant is behind bar around one year. There is no progress in trial. The applicant is schizophrenic patient. He needs treatment. Hence, requested to allow the application.

4.

It is contention of learned APP that the applicant was externed from Sangli District. In spite of that he entered in Ichalkaranji and assaulted the daughter of first informant. He has violated the externment order. There are 30 antecedents against the applicant. If applicant released on bail, he may abscond or threaten the first informant or prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both the learned counsels, perused the FIR and documents placed on record. The allegations against the appliant are that he assaulted the daughter of first informant with stone with intention to kill her. Injury certificate produced on record shows that she has suffered simple injury. The applicant is behind bar around one year. There is no progress in trial. Considering these facts, his further detention is not required.

6.

In view of the above, I pass the following order :

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in in Crime No.437 of 2024 registered with Ichalkaranji Police Station, District : Kolhapur, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

(iii) The applicant shall not enter in Kolhapur District till recording the evidence of victim except attending the trial Court dates.

(iv) The applicant shall not tamper with the evidence or shall not attempt to influence or contact the first informant / victim, witnesses or any person concerned with the case.

(v) Applicant shall attend the Trial Court dates, regularly.

7.

The application is allowed in the aforesaid terms and is accordingly disposed off.

8.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

9.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)