Vishal Vasant Ghaytadak v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3387 OF 2025 Vishal Vasant Ghaytadak ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Kunal V. Patil, Advocate for the Applicant Mr. N. B. Patil, APP for the Respondent - State.
CORAM
:
SHIVKUMAR DIGE, J.
DATE :
13th OCTOBER, 2025.
P.C.
1.
By this application, applicant is seeking regular bail in Crime No.596/2023 registered with Laxmipuri Police Station, District Kolhapur for the offences punishable under Sections 302, 143, 147, 148, 149, 120(b) of the Indian Penal Code (for short "IPC") and Sections 4, 25 of the Indian Arms Act, 1959.
2.
It is prosecution's case that on 13th November, 2023, the nephew of first informant was assaulted by unknown persons with sharp weapon. In the said assault he died. It is alleged that applicant was present at the time of incident.
3.
It is contention of learned counsel for applicant that Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.10.14 14:47:40 +0530 applicant is behind bar for more than 19 months. Charge is not SAJAKALI LIYAKAT JAMADAR
framed. No role is assigned to the applicant in the charge-sheet. Except applicant was present on the spot at the time of incident, there are no allegations against him. Hence, requested to allow the application.
4.
It is contention of learned APP that applicant has 13 antecedents. He was present at the spot prior to incident and after the incident. He has seen in the CCTV footage. If he released on bail, he may abscond or threaten prosecution witnesses. Hence, requested to reject the application.
5.
I have heard both learned counsels, perused the FIR and documents produced on record. The role attributed to the applicant in the charge-sheet is he was present before and after the incident at incident spot. To prove conspiracy, the evidence is required. The applicant is behind bar for more than 19 months. 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 Crime No.596/2023 registered with Laxmipuri Police Station, District Kolhapur, 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 witnesses or any person concerned with the case. (iv) 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.)