Shivaji Kanhu Sapkal v. The State Of Maharashtra

2025:BHC-AUG:14337

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 860 OF 2025 Shivaji Kanhu Sapkal

VERSUS

The State Of Maharashtra ...

Mr. N. B. Narwade, Advocate for Applicant Mr. V. S. Badakh, APP for Respondents ...

CORAM : ROHIT W. JOSHI, J.

(Vacation Court) DATE : 27TH MAY, 2025 Per Court :

1.

Heard learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is arrayed as accused No.3 in FIR No.0342/2025 dated 28.03.2025, registered with Pathardi Police Station, District Ahilyanagar, for the offences punishable under sections 190, 191(3), 191(2), 189(2), 351(2), 352, 115(2), 118(1), 118(2), 109 of the Bharatiya Nyaya Sanhita, 2023. 3.

On 26.03.2025, in the agricultural lands of the applicant and the informant, a quarrel ensued between two families. The wife of the present applicant has lodged F.I.R. No.326/2025 with respect to the same on 26.03.2025. Two days after the incident, i.e. on

28.03.2025, the present F.I.R. came to be lodged. Accused Nos.1 and 2 are sons of the present applicant and accused no.4 is his wife, offence is also registered against two another unidentified accused persons.

4.

The allegation against the present applicant is that he has inflicted a blow with a sickle on the person of Anil near his neck. The applicant is behind bars since 28.03.2025, his wife/accused No.4 is granted protection by way of anticipatory bail. The applicant does not have any criminal antecedents. The incident appears to have taken place at the spur of the moment during the quarrel that ensued between two families.

5.

Having regard to the above, the application is allowed in the following terms :

a] The applicant shall be released on bail in connection with F.I.R. No.0342/2025 dated 28.03.2025, registered with Pathardi Police Station, District Ahilyanagar, on furnishing PR bond of Rs.20,000/- with one surety in the like amount to the satisfaction of the trial Court.

b] The applicant shall not enter the jurisdiction of Pathardi Police Station, Ahilyanagar till filing of chargesheet.

c] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.

d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant and prosecution witnesses.

e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 6.

It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

7.

The application stands disposed of.

[ROHIT W. JOSHI, J.] Rushikesh/2025