Yashwant @ Gotya Patwardhan Ubale v. The State Of Maharashtra

Priya Soparkar 1 9 ba 2531-24-cr.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2531 OF 2024 Yashwant @ Gotya Patwardhan Ubale ... Applicant V/s.

The State of Maharashtra ... Respondent --- Mr. Aniket Vagal with Ms. Savvy Kalhekar and Ms. Juhi Kadu, Advocates for the Applicant.

Mr. Pandurang H. Gaikwad, Advocate for the Respondent. --- CORAM : ASHWIN D. BHOBE, J.

DATE : 10th JUNE, 2025.

P.C.:-

1. Heard Mr. Aniket Vagal, learned Advocate for the Applicant and Mr. Pandurang Gaikwad, learned APP for the State.

2. By the present application under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, the Applicant is seeking bail in connection with Crime No.211 of 2023 registered with Igatpuri Police Station for the offences punishable under Sections 302, 143, 147, 149, 324, 323, 342, 504, 506 of the Indian Penal Code and under Section 37(1)(3) read with 135 of Bombay Police Act.

3. The said crime is now registered as Sessions Case No.73 of 2024. Bail Application filed by the Applicant was rejected by the learned Sessions Court on 29th May, 2024.

Priya Soparkar 2 9 ba 2531-24-cr.doc

4. Case of the prosecution is that husband of the Informant by name Sanjay Dehade was assaulted by the Applicant and the other persons accused by means of axe, iron rod on the head, chest, back, and on both legs, as a result of which Sanjay Dehade succumbed to the injuries inflicted on him.

5. Mr. Aniket Vagal, learned Advocate for the Applicant submits that no recoveries are made at the instance of the Applicant. He submits that the records do not indicates any statements which would assign a specific role to the Applicant in the context of assault on the deceased. He submits that the Applicant is in custody for a period of one year and seven months. He submits that the Applicant does not have any criminal antecedents.

6. Mr. Pandurang Gaikwad, learned APP for the State submits that there are more than five eye witnesses. By taking me through statements of the witnesses at pages No.138, 217, 219, 221 and 223 of the present Bail Application, he submits that all the said eye witnesses have not only named the Applicant, but have specifically assigned the role of the Applicant in the present crime. He submits that the accused have used dangerous weapons, resulting in causing death of the victim.

7. I have perused the records with the assistance of the learned Advocates.

8. From the nature of the allegations in the abovesaid crime and the material which is brought on record during the investigation, atleast prima facie indicate the involvement of the Applicant and the Applicant having participated in the offence which resulted in the

Priya Soparkar 3 9 ba 2531-24-cr.doc death of Mr. Sanjay Dehade. There is sufficient material against the Applicant in the said crime.

9. In view of the above, no case is made out to entertain the present application.

10.

Bail Application No.2531 of 2024 is dismissed. (ASHWIN D. BHOBE, J.) ....