Bharat @ Bharatram Kisanrao Palve v. The State Of Maharashtra
2025:BHC-AUG:14769
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 962 BAIL APPLICATION NO. 1014 OF 2025 Bharat @ Bharatram Kisanrao Palve
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. Thombre S. S.
APP for Respondents-State: Mr. G. O. Wattamwar ...
CORAM : ARUN R. PEDNEKER, J.
Dated : June 12, 2025.
PER COURT :- 1.
Heard the learned Counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant seeks bail in connection with FIR No. 0374/2025, dated 07/05/2025, registered with MIDC Police Station, Ahilynagar, District Ahilyanagar, for the offences punishable under Sections 109, 119(1), 118(1), 115(2), 189(2), 191(2), 191(3), and 190 of the Bharatiya Nyaya Sanhita, 2023.
3.
As per the contents of the FIR, the informant, Akshay Chemte, visited Jay Bhavani Kala Kendra, Khosepuri, on 04/05/2025 at around 11:00 p.m., where a dance program was being held. The informant allegedly spent Rs.6,000/- during the program and later gifted Rs.4,000/- to the performing ladies. One of the ladies snatched the currency bundle, and upon being asked to return the same, she and her associates refused, leading to a quarrel between the informant and the performers. During the altercation, the applicant allegedly slapped the informant's friend, Sachin Darade. 4.
On the next day, i.e., 05/05/2025, at about 10:30 a.m., the informant 1 of
received a phone call from Sachin Darade informing him that some ladies from Jay Bhavani Kala Kendra, along with a few men, had visited his house and assaulted his mother, Kusum Darade. It is further alleged that the applicant snatched a gold chain from the neck of Kusum Darade. 5.
Subsequently, while the informant was en route from Godhegaon to Vanjarwadi, near Sonai-Rahuri Road at Vanjarwadi Bus Stand, he was confronted by four ladies along with the applicant and other co-accused persons, who were reportedly armed with swords. At that point, the applicant allegedly told the others, "He was present at night too; do not spare him." Thereafter, the applicant is said to have assaulted the informant with a sword, causing a bleeding injury on his head. Co-accused Sachin Dole allegedly stabbed the informant in the stomach with a sword, causing a grievous injury. While trying to defend himself, the informant also sustained injuries to his hand. The accused persons further assaulted Sachin Darade, while the ladies assaulted both victims with fists and kicks before fleeing the scene.
6.
The informant was initially treated at Bargal Hospital, Brahmni, Taluka Rahuri, and was later referred to Apex Hospital, Ahilyanagar, where he lodged the present FIR.
7.
The applicant was arrested on 14/05/2025. It is submitted that there 2 of
are cross-FIRs between the parties, which reflect mutual assault. The informant has filed an affidavit before the Sessions Court stating that he has no grievance against the present applicant and has no objection to the grant of bail. It is further submitted that the investigation is nearing completion and no recovery has been made from the applicant. 8.
The learned APP has pointed out that there are past criminal antecedents against the applicant. However, the learned Counsel for the applicant has submitted that the applicant undertakes not to involve himself in any similar offence in the future. 9.
In view of the nature of allegations, the existence of cross-FIRs, the absence of recovery from the present applicant, the affidavit of the informant expressing no objection, and the stage of the investigation, this Court finds it appropriate to grant bail to the applicant. Accordingly, the application is allowed on the following terms : - a] The applicant shall be released on bail in connection with FIR No. 0374/2025, dated 07/05/2025, registered with MIDC Police Station, Ahilynagar, District Ahilyanagar, for the offences punishable under Sections 109, 119(1), 118(1), 115(2), 189(2), 191(2), 191(3), and 190 of the Bharatiya Nyaya Sanhita, 2023., on furnishing a P.R. bond of Rs.25,000/- with one or two sureties of the like amount, to the satisfaction of the trial Court.
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b] The applicant shall not, in any manner whatsoever, contact or communicate with the informant during the pendency of the trial.
c] The applicant shall co-operate with the trial Court and shall remain present on each and every date of hearing unless specifically exempted by the Court.
d] The applicant shall not tamper with prosecution evidence nor attempt to influence the informant, witnesses, or any other person concerned with the case.
e] Upon release, the applicant shall furnish his current residential address and contact number before the trial Court, and shall inform the Court promptly in case of any change. f] The applicant shall not involve himself in any offence of a similar nature. If any such offence is registered against him in the future, the prosecution would be at liberty to move for cancellation of bail.
10.
Needless to state, in the event of any breach of the above conditions, the bail granted to the applicant shall be liable to be cancelled. The observations made in this order are confined to the adjudication of the present bail application and shall not influence the trial Court at any stage of the proceedings.
11.
The application stands disposed of accordingly. ( ARUN R. PEDNEKER, J. ) vj gawade/-.
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