Somesh Shailesh Kamble v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3470 OF 2025 Somesh Shailesh Kamble and anr ...Applicants

Versus

The State Of Maharashtra

...Respondent

Mr. Maheshwar Desai, Mr. Muralidhar Kharat for the applicant Mr. P. P. Deokar APP for the State

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

23rd DECEMBER, 2025 IRESH MASHAL P.C.

Digitally signed by IRESH MASHAL Date:

2025.12.24 20:33:37 +0530 1.

By this application, applicants are seeking regular bail in C.R. No. 90 of 2025 registered with Sangli Rural Police Station, District Sangli for offences punishable under Sections 103(1), 109, 115(2) 352, 351(2), 351(3), 189(2), 189(4), 190 of Bhartiya Nyaya Sanhita, 2023 and under Sections 4, 25 of Indian Arms Act and under Sections 37(1)(3) read with 135 of the Maharashtra Police Act. 2.

It is the prosecution's case that on 18th March 2025 around 4.00 p.m. the applicants and co-accused assaulted the first informant and his son with sickle, wooden stick and stones. Due to the said assault, son of the first informant has died. 3.

It is contention of learned counsel for applicants that

applicants are behind bar for more than 9 months. Investigation is completed and charge-sheet has been filed. The applicants have no antecedents. The role attributed to the applicant no. 1 is that he pelted stones towards eye witnesses and complainant and allegation against applicant no. 2 is that he assaulted the witnesses with fist and kick blows. Hence, requested to allow the application. 4.

It is contention of learned APP that the applicants are part of group who assaulted the first informant and his son. There was common intention of the applicant with co-accused, due to said assault, son of the first informant has died. If applicants are released on bail, they may threaten the first informant and prosecution witnesses and requested to reject the application. 5.

I have heard both learned counsels, perused F.I.R. and documents produced on record. The role attributed to the applicant no. 1 is that he pelted stones towards eye witnesses and complainant and allegation against applicant no. 2 is that he assaulted the witnesses with fist and kick blows. The applicants are behind bar for more than 9 months. Investigation is completed and charge-sheet has been filed. The applicants have no antecedents. It may take time to conclude the trial.

6.

Considering these facts, I pass following order.

O R D E R

I.

The Application is allowed.

II.

The Applicants be enlarged on bail in C.R. No. 90 of 2025 registered with Sangli Rural Police Station, District Sangli on executing P.R.Bond in the sum of Rs. 20,000/- each with one or two sureties in the like amount.

III.

The Applicants shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case.

IV.

The Applicants shall attend the Trial Court dates, regularly. V.

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.)