Pankaj Amrutao Yadav v. The State Of Maharashtra

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 5163 OF 2024 Pankaj Amrutrao Yadav .....Applicant Vs.

The State of Maharashtra .....Respondent Mr. Kalpesh Patil for the applicant Mr. Avinash A. Naik APP for the State CORAM :

SHIVKUMAR DIGE, J.

DATE :

22nd AUGUST 2025 P.C.:

1.

By this application, applicant is seeking regular bail in C.R. No. 78 of 2023 registered with Umbraj Police Station, IRESH MASHAL District Satara for offences punishable under Sections 307, 385, Digitally signed by IRESH MASHAL Date:

2025.08.26 16:44:18 +0530 387, 109, 143, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code, and Sections 37(1)(3), 135 of The Maharashtra Police Act and Sections 3(1)(2), 3(2) and 3(4) of The Maharashtra Control of Organized Crime Act, 1999. 2.

It is the prosecution's case that 29th January 2023 around 7.30 p.m., applicant and co-accused assaulted the first informant with beer bottle, fist and kick blows with an intention 1/4

to kill him on the ground of paying the bill of liquor. 3.

It is the contention of learned counsel for applicant that co-accused against whom serious allegations are levelled have been released on bail. There are no allegations against applicant that he participated in the assault on the first informant. Applicant is behind the bar for more than two and half years. Hence, requested to allow the application.

4.

It is the contention of learned APP that applicant and coaccused assaulted the first informant with an intention to kill him with beer bottle, kick and fist blows as first informant demanded bill of liquor from applicant and co-accused. Applicant has 7 antecedents. If applicant is released on bail, he may abscond, threaten prosecution witnesses and requested to reject the application.

5.

I have heard both learned counsel, perused F.I.R. and documents produced on record. In the F.I.R., there are no allegations against the applicant that he assaulted the first informant. The allegations of assault are against co-accused. Applicant is behind the bar for more than two and half years. 2/4

There is no progress in trial.

6.

Considering these facts, further detention of applicant is not required and I pass following order :

O R D E R

I.

Application is allowed.

II.

Applicant be enlarged on bail in C.R. No. 78 of 2023 registered with Umbraj Police Station, District Satara on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

III.

Applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case.

IV.

Applicant shall not enter in the vicinity where the incident happened.

V.

Applicant shall attend the Trial Court dates, regularly. 7.

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

8.

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. 3/4

9.

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

[SHIVKUMAR DIGE, J.] 4/4