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Bombay High CourtBA/3588/2025allowed

Aniket Sukumar Lad Alias Koli v. The State Of Maharashtra

2025-12-18Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3588 OF 2025 Aniket Sukumar Lad @ Koli ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO. 3680 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 3588 OF 2025 Shrikant Tanaji Mohite ...Applicant

IN THE MATTER BETWEEN :

Aniket Sukumar Lad @ Koli ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. N.D. Patil a/w Mr. Pratik Jadhav, Advocate for Applicant. Mr. Sunil S. Kamble a/w Mr. Sandesh Kamble a/w Mr. Vikas Khade, Advocate for the Intervenor.

Dr. A. A. Takalkar, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th DECEMBER, 2025 P.C.

1.

By this application, the Applicant is seeking regular bail in connection with C.R. No.344 of 2024 registered with Bhudargad Police Station, District: Kolhapur, for the offences punishable under Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.19 19:07:53 +0530 SAJAKALI LIYAKAT JAMADAR

Sections 109, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS Act") and Sections 3(1), 25 of the Arms Act, and Section 135 of the Maharashtra Police Act, 1951.

2.

It is prosecution's case that on 23rd November, 2024 at around 7:30 a.m., the Applicant and co-accused fired at the first informant using a country made pistol with intention to kill him on the ground of old dispute.

3.

It is contention of learned counsel for applicant that cross complaint was filed by the applicant and first informant against each other. The first informant had also fired at the applicant at the time of incident, he has been released on bail. The applicant is behind bar for around one year. There is no progress in trial. Hence, requested to allow the application.

4.

It is contention of learned APP along with learned counsel for intervenor that the applicant has four antecedents. He fired at the first informant by using a country made pistol with intention to kill him. There are eye witnesses to the incident. If applicant is released on bail, he may abscond or threaten the first informant and prosecution witnesses. The incident is captured in C.C.T.V. footage. Hence, requested to reject the application.

5.

I have heard both the learned counsels, perused the FIR and documents placed on record. The applicant is behind bar for around one year. There is no progress in trial. The first informant against whom the allegations are that he also cross fired at the applicant and the co-accused has been released on bail. Investigation is completed and charge-sheet has been filed. It may take time to conclude the trial. Considering these facts, I pass the following order :

ORDER

(i) Application is allowed;

(ii) The Applicant be released on bail in connection with C.R. No.344 of 2024 registered Bhudargad Police Station, District: Kolhapur, 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 not enter the jurisdiction of the Shiroli Police Station except attending the Court date.

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

(vi) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case.

(vii) The Applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer. 6.

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. 9.

In view of disposal of bail application, the interim application is also disposed off.

(SHIVKUMAR DIGE, J.)