Amol Nagnath Atkale v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3379 OF 2025 Amol Nagnath Atkale ...Applicant

Versus

The State Of Maharashtra

...Respondent

Mr. Vikrant Phatate a/w Mr. Amol Desai, Advocate for the applicant Mr. A. S. Shalgaonkar APP for the State Mr. Vijay Shinde, API, LCB Solapur Rural CORAM :

SHIVKUMAR DIGE, J.

DATE :

29th SEPTEMBER 2025 P.C.:

1.

By this application, applicant is seeking regular bail in Crime No. 207 of 2025 registered with Pandharpur City Police IRESH MASHAL Station, District Solapur for offences punishable under Sections Digitally signed by IRESH MASHAL Date:

2025.09.30 17:48:06 +0530 103(1), 238, 49, 61(2), 3(5) of the Bhartiya Nyay Sanhita, 2023.

2.

The allegations against the applicant are that he is the nephew of accused no. 1 and he alongwith co-accused assaulted the deceased and thrown him on railway line.

3.

It is the contention of learned counsel for applicant that applicant's name is mentioned in the F.I.R. on the basis of 1/3

suspicion. No specific role is attributed to the applicant to connect with the present crime. Applicant is behind the bar since five months. No charge is framed. Applicant has no antecedents. Hence, requested to allow the application. 4.

It is the contention of learned APP that the applicant is nephew of accused no. 1. He misled the first informant. It shows applicant's involvement in the crime. Hence, requested to reject the application.

5.

I have heard both learned counsel, perused F.I.R. and documents produced on record. The allegations against the applicant are that he misled the first informant and he is the nephew of accused no. 1. It appears from the record that no specific role is attributed to the applicant except conspiracy. To prove conspiracy, evidence is required. The main allegations are against accused no. 1.

6.

Considering these facts, further detention of applicant is not required and I pass following order :

O R D E R

I.

The Application is allowed.

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II.

The Applicant be enlarged on bail in Crime No. 207 of 2025 registered with Pandharpur City 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 attempt to influence or contact the witnesses or any person concerned with the case.

IV.

The 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.] 3/3