Aniket Alias Monya Ankush Polekar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3572 OF 2024 Aniket Alias Monya Ankush Polekar ... Applicant

Versus

The State of Maharashtra ... Respondent _________________________________________________________________ Ms. Pooja Agarwal, Advocate for the Applicant. Mr. P. P. Jadhav, APP for the Respondent-State. API - R.R.Adgale, Sinhgad Road Police Station, Pune City, present. _________________________________________________________________ by SONALI SATISH KILAJE Date:

2026.01.21 15:34:40 +0700 SONALI SATISH KILAJE

CORAM

: SHIVKUMAR DIGE, J.

DATE : 19th JANUARY, 2026.

P.C. :

1.

By this application, the Applicant is seeking regular bail in C.R.No. 197 of 2021 registered with Sinhgad Road Police Station, Pune, for the offence punishable under Sections 302, 307, 120-B, 324, 143, 144, 147, 148, 149 of Indian Penal Code, 1860 (for short "IPC") and Section 4 & 25 of Arms Act and Section 37(1)(3), 135 of Maharashtra Police Act. 2.

It is prosecutions that on 05.05.2021 at around 8 p.m., applicant and co-accused assaulted the friend of first informant with sharp weapons and murdered him on account of an old dispute. 3.

It is contention of learned counsel for the applicant that except the applicant, other co-accused have been released on bail hence applicant

is entitled for bail on principle of parity. He further submits that the applicant is behind bars for more than four years and six months. There is no progress in the trial. Hence, requested to allow the application. 4.

It is contention of learned APP that main allegations are against the applicant. He assaulted the deceased with sword. The applicant has two antecedents. If the applicant is released on bail, he may abscond or may threaten prosecution witnesses. Hence requested to reject the application.

5.

I have heard both the learned counsel. Perused chargesheet and documents produced on record. It appears from the chargesheet that the allegations against the applicant and co-accused are on same footings. The co-accused having similar allegations are released on bail. The applicant is behind bars for four years and six months. There is no progress in the trial. Considering the principle of parity, I pass following order.

ORDER

i.

The applicant be enlarged on bail in C.R.No. 197 of 2021 registered with Sinhgad Road Police Station, Pune,, on executing P.R.Bond of Rs. 30,000/- on furnishing one or two sureties in the like amount. ii.

The applicant shall attend the concerned police station

as and when required.

iii.

The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. 6.

The application is allowed in the aforesaid terms and is accordingly disposed of.

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.)