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Bombay High CourtBA/3721/2025disposed off

Dhondiram Bhagwan Bhosale v. The State Of Maharashtra

2025-12-23Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3721 OF 2025 Dhondiram Bhagwan Bhosale ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. V. V. Phatate, Advocate for the Applicant. Dr. A. A. Takalkar, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

23rd DECEMBER, 2025 P.C.

1.

The Applicant is seeking regular bail in Crime No.216 of 2025 registered with Atpadi Police Station, Dist. Sangli for the offences punishable under Sections 103(1) & 238 of the Bhartiya Nyaya Sanhita, 2023 r/w section 75 of the Juvenile Justice Act, 2015. 2.

It is prosecution's case that on 20th June, 2025 at around 9:30 p.m. the applicant assaulted his daughter with short wooden rod on the ground of getting less marks in exam.

3.

It is contention of learned counsel for applicant that the applicant is behind bar for around six months. He is the head master. The incident had occurred suddenly. The applicant had no intention Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.24 21:32:10 +0530 SAJAKALI LIYAKAT JAMADAR

to kill his daughter. It may take time to conclude the trial and requested to allow the application.

4.

It is contention of learned APP that applicant assaulted his daughter with short wooden rod. He assaulted mercilessly for getting less marks in exam. He is head master. He is prudent person, but he was aware that if daughter is continuously assaulted, she may died but he assaulted the victim and due to said assault, she died. If applicant is released on bail, he may threaten or influence the prosecution witnesses as first informant is wife and requested to reject the application.

5.

I have heard both the learned counsels, perused the FIR and documents placed on record. It appears from the FIR that the applicant assaulted his daughter for getting less marks. The incident happened suddenly. The applicant is behind bar for around six months. Investigation is completed and charge-sheet has been filed. He is the Head Master, so he is not going to abscond. He is in semi government service. It may take time to conclude the trial. Considering these facts, I pass following order.

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.216 of 2025 registered with Atpadi Police Station, Dist. Sangli, 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.

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. (SHIVKUMAR DIGE, J.)