Gorakh Vilas Bodare v. State Of Maharashtra

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION. NO. 2952 OF 2025 HARISH VITHAL CHAUDHARI Gorakh Vilas Bodare ...Applicant

Versus

State of Maharashtra

...Respondent

by HARISH VITHAL CHAUDHARI Date:

2025.09.26 11:15:00 +0530 Mr. Rajaram V. Bansode a/w Mohan M Chavan for the Applicant.

Ms. Veera Shinde, APP for the Respondent-State. API Maharudra Baban P., Natepute Police Station, Solapur. CORAM :

SHIVKUMAR DIGE, J.

DATE :

23rd SEPTEMBER 2025 P.C.:

1.

By this application, applicant is seeking regular bail in Crime No. 178 of 2024 registered with Natepute Police Station, Solapur Rural for the offences punishable under Sections 302, 324, 323, 504, 506, 143, 147, 148 and 149 of the Indian Penal Code, 1860 and Sections 135 of Maharashtra Police Act, 1951. 2.

It is prosecution's case that on 17th May 2024 in between 2.00 p.m. to 4.30 p.m., the applicant and co-accused assaulted the first informant and his friends with sharp weapon and murdered them.

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3.

It is the contention of learned counsel for the applicant that no role attributed to the applicant that he has assaulted the deceased. The role alleged to the applicant is that he was present at the incident spot at the time of incident and assaulted the first informant and not the deceased. The applicant is behind bar more than one year. He has no antecedents. Hence, requested to allow the application.

4.

It is contention of learned APP that the applicant and coaccused assaulted the first informant's friends with knife. In the said assault two friends of the first informant were died. This is the case of double murder. In the FIR, it is specifically mentioned that six unknown persons had assaulted the first informant and deceased. The applicant is one of out of the six unknown persons. He has been identified by the first informant. If the applicant is released on bail he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both learned counsel, perused the FIR and documents produced on record.

6.

The allegations against the applicant is that he assaulted 2/4

the first informant. From the record, it does not appear that the applicant assaulted the deceased. Whether the applicant particiapted in the assault of deceased is part of evidence. Applicant is behind bar more than one year. He has no antecedents. Considering these facts, further detention of applicant is not required and I pass following order:

ORDER

(i) Application is allowed.

(ii) The applicant be enlarged on bail in Crime No.178 of 2024 registered with Natepute Police Station, Solapur Rural, on executing P. R.Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the Court dates regularly.

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

7.

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

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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.] 4/4