Sumit Sudhakar Nagtilak v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3534 OF 2025 Sumit Sudhakar Nagtilak ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Ramanik P. Pawar a/w Mr. Amit Waykool, Mr. Dinesh S. Sonarlikar, Mr. Parvez Nadaf & Mr. Rahul Gupta Advocate for the Applicant.

Smt. Veera Shinde, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th NOVEMBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No. 378 of 2025 registered with Shivajinagar Police Station, Ichalkaranji, District Kolhapur for offences punishable under Sections 109, 189(2), 189(4), 193(3), 190, 352, 351(2), 238, 324(4), 191(2) of Bhartiya Nyay Sanhita, 2023.

2.

It is the prosecution's case that on 2nd June 2025, around 11.00 a.m. to 11.30 p.m., applicant and co-accused assaulted the first informant and his friends using a sharp weapon with an intention to kill them on the ground of old dispute.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.11.20 10:47:56 +0530 SAJAKALI LIYAKAT JAMADAR

3.

It is contention of learned counsel for applicant that entire incident is recorded in CCTV. In the said CCTV footage, presence of the applicant is not seen. The co-accused Yuvraj Jadhav, having similar allegations has been released on bail. Hence, requested to allow the application.

4.

It is contention of learned APP that applicant was part of the group which assaulted the first informant and his friends with an intention to kill them. If the applicant is released on bail, he may threaten prosecution witnesses and requested to reject the application.

5.

I have heard both learned counsels, perused the FIR and documents produced on record. C.C.T.V. footage shows that the applicant was present at the incident spot. There are no specific allegations against the applicant about assaulting the deceased. The co-accused against whom the same allegations are levelled, have been released on bail. Hence, the applicant is entitled for bail on principle of parity.

6.

In view of the above, I pass the following order :

ORDER

(i) The Application is allowed.

(ii) The Applicant be enlarged on bail in Crime No. 378 of 2025 registered with Shivajinagar Police Station, Ichalkaranji, 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 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.)