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Bombay High CourtBA/3351/2025allowed

Rushikesh Bharat Devrashe v. The State Of Maharashtra

2025-10-14Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3351 OF 2025 Rushikesh Bharat Devrashe ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Shrikant H. Panhale a/w Mr. Viraj Dhumal and Mr. Tejas Modak, Advocate for Applicant.

Mr. P. P. Deokar, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

14th OCTOBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.107 of 2025 registered with Wai Police Station, District Satara for the offences punishable under Sections 109(1), 118(1), 115(2), 352, 351(2), 351(3), 333, 324(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and Sections 4 & 25 of the Arms Act.

2.

It is prosecution's case that on 20th April 2025 around 3:30 p.m. when first informant was doing work in cloth shop, at that time the applicant and co-accused came there and assaulted the first informant with sickle and iron rod. It is alleged that the applicant Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.10.15 19:02:59 +0530 SAJAKALI LIYAKAT JAMADAR

assaulted the first informant with sickle on his head with intention to kill him.

3.

It is contention of learned counsel for applicant that the applicant is behind bar around six months. Investigation is completed and charge-sheet has been filed. The applicant has no antecedents. Hence, requested to allow the application.

4.

It is contention of learned APP that the applicant and coaccused barged in the cloth shop, where first informant was working and assaulted him with sickle and iron road with intention to kill him. The applicant has assaulted the first informant with sickle. If applicant is released on bail, he may threaten the first informant 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 applicant is behind bar around six months. Investigation is completed and charge-sheet has been filed. The applicant has no antecedents. It may take time to conclude the trial. Considering these facts, I pass following order :

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.107 of 2025 registered with Wai Police Station,

District Satara, 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.

6.

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

7.

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.

8.

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