Anisahmad @Papdya Riyazahmad Rangrej v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3358 OF 2025 Anisahmad @ Papdya Riyazahmad Rangrej ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Ritesh M. Thobade a/w Mr. Mervin Bardeskar, Mr. Darshan Singh Rajpurohit, Mr. Changdev Shingade, Mr. Pushkaraj Yadav-Deshmukh, for Applicant.

Mr. S. S. Chaudhari, APP for the Respondent-State. API Dadaso More, MIDC, Solapur City, Police Station, Present. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

14th OCTOBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.555 of 2025 registered with MIDC Police Station, District Solapur for the offences punishable under Sections 109, 189(1)(2) (3), 191(1)(2)(3) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS"), Sections 4 and 25 of the Arms Act, 1959, Section 7 of the Criminal Law Amendment Act and Sections 37(1)(3), 49, 135 and 142 of the Maharashtra Police Act.

2.

It is prosecution's case that on 2nd July 2025 at around 2.30 p.m. the applicant and co-accused assaulted the first informant with by SAJAKALI LIYAKAT JAMADAR Date:

2025.10.15 17:48:45 +0530 SAJAKALI LIYAKAT JAMADAR

fist and kick blows. It is alleged that the accused No.1 assaulted the first informant with knife with intention to kill him. 3.

It is contention of learned counsel for applicant that the applicant is behind bar around two months. Investigation is completed. The role attributed the applicant is assaulting the first informant with fist and kick blows. The applicant has one antecedent. The MCOC is applied against the applicant only to keep the applicant behind bar. The applicant is not a member of organized crime syndicate. Hence, requested to allow the application. 4.

It is contention of learned APP that the applicant is member of organized crime syndicate. Sections of MCOC is applied against the applicant. Yet charge-sheet has not been filed. Extension of time is granted to file charge-sheet. Learned APP further submitted that the statement of witnesses shows about involvement of the applicant in the crime. The CDR and CCTV footage also supports the prosecution's case. The motorcycle used in the crime is recovered at the instance of applicant. The applicant has antecedent. If applicant is released on bail, he may threaten the victim or prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both learned counsels, perused the FIR and documents produced on record. The allegations against the applicant

are that he assaulted the first informant with fist and kick blows, where main allegations are against the accused No.1, who assaulted the first informant with knife. Though MCOC is applied against the applicant but only one charge-sheet is filed against him and that too was not with gang leader. The applicant is behind bar for more than 60 days. Investigation is completed. 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 Crime No.555 of 2025 registered with MIDC Police Station, District Solapur, on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

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

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

7.

Learned APP further submitted that the applications for cancellation of bail are filed against the co-accused Nos.2 and 3 which are pending.

8.

The learned Sessions Judge shall decide the said applications without influencing the bail granted to the applicant by this Court.

9.

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

10.

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.

11.

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