Shubham Alias Shivam Suresh 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. 3644 OF 2025 Shubham Alias Shivam Suresh Kamble Ganesh Shivanand Mole Rajvardhan Suresh Dhamke ...Applicants

Versus

The State Of Maharashtra

...Respondent

----- Mr. Pratik G. Tare a/w Mr. Sachin Y. Mane, Advocate for the Applicant.

Mr. Anand Subhash Shalgaonkar, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.12.10 14:36:42 +0530 SHANTANU SHANKARSA DHUDUM DATE : 8th DECEMBER, 2025.

P.C. :

1.

By this application, Applicants are 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), 191(2), 191(3), 190, 352, 351(2), 238, 324(4), 191(2) of Bhartiya Nyay Sanhita, 2023 (for short, "BNS Act"). 2.

It is the prosecution's case that on 2nd June 2025, around 11.00 a.m. to 11.30 p.m., Applicants and co-accused assaulted the first informant and his friends using a sharp weapon with an intention Shantanu S. Dhudum 1/3

to kill them on the ground of old dispute.

3.

It is contention of learned counsel for Applicants that entire incident is recorded in CCTV. In the said CCTV footage, presence of the Applicants are not seen. The co-accused Yuvraj Jadhav, having similar allegations has been released on bail. Hence, requested to allow the application on the ground of parity. 4.

It is contention of learned APP that Applicants were part of the group which assaulted the first informant and his friends with an intention to kill them. The Applicant was seen in the CCTV footage and which is identify by the complainant and his frineds. If the Applicants are released on bail, they may threaten prosecution witnesses and requested to reject the application. 5.

I have heard both learned counsels, perused F.I.R. and documents produced on record. CCTV footage of the incident shows that Applicants were present at the spot of incident, but there role not specifically attributed. The co-accused, having similar allegations have been released on bail. The Applicants are entitled bail on the ground of principle of parity.

6.

In view of above, I pass following order:

Shantanu S. Dhudum 2/3

O R D E R

I.

The Application is allowed.

II.

The Applicants 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 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.

VI.

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. 7.

All concerned to act on the authenticated copy of this order.

( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 3/3