Mayur Rajendra Jadhav v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3412 OF 2025 Mayur Rajendra Jadhav .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Priyal Sarda, Advocate for the Applicant. Dr. A. A. Takalkar, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2025.10.14 12:31:55 +0530 SHANTANU SHANKARSA DHUDUM DATE : 10th OCTOBER, 2025.

P.C. :

1.

By this application, the Applicant is seeking regular bail in connection with C.R. No.28 of 2025 registered with Satara Taluka Police Station, Satara, for the offences punishable under Sections 109, 11(3), 111(4), 61(2), 351(2), 351(3), 3(5), 49 and 249 of the of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS Act") along with Sections 3, 25 of the Arms Act, 1959.

2.

It is prosecution's case that on 27th January, 2025, when the first informant and his friend were going on motorcycle, at that time, the Applicant and co-accused chased them and co-accused fire on the Shantanu S. Dhudum 1/4

first informant and his friend from the pistol with intention to kill them. The allegations against the Applicant that he conspired to attack on the first informant.

3.

It is contention of learned counsel for the Applicant that this Court has released the co-accused Tushar Dhotre on bail, who was present at the time of incident. The role attributed to the Applicant that he conspired to assault the first informant. The Applicant was not present at the time of incident. Hence, the Applicant is entitled for bail on principle of parity. Hence, requested to allow the application. 4.

It is contention of learned APP that the Applicant is gang leader, he conspired to assault the first informant with intention to kill him. The said assault was done, on the instructions, of the Applicant. If the Applicant is released on bail, he may threaten the first informant and prosecution witness. The Applicant has 9 antecedents, and requested to reject the application.

5.

I have heard both learned counsel, perused F.I.R. and documents produced on record.

6.

This Court has released co-accused Tushar Dhotre on bail. The allegations against him are that he was present at the spot of incident. The allegations against the Applicant are that he had Shantanu S. Dhudum 2/4

conspired to assault the first informant. To prove the conspiracy, evidence is required. Hence, the Applicant is entitled for bail on principle of parity, and I pass following order:

ORDER

i. Application is allowed.

ii. The Applicant be released on bail in connection with C.R. No.28 of 2025 registered with Satara Taluka Police Station, Satara, on furnishing 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 concerned police station as and when required.

iv. The Applicant shall remain present before the trial Court on each date unless exempted by the Trial Court.

v. The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case. vi. The Applicant shall inform his latest place of residence and mobile number immediately after being released Shantanu S. Dhudum 3/4

and/or change of residence or mobile details, if any, from time to time to the Investigating Officer. 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.) Shantanu S. Dhudum 4/4