Bhaskar Baburao Gaikwad v. The State Of Maharashtra

2025:BHC-AUG:33912 1 BA / 1665 / 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 BAIL APPLICATION NO. 1665 OF 2025 BHASKAR BABURAO GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for applicant : Mr. N.D. Sonawane APP for the respondent - State : Ms. D.S. Jape ...

CORAM

: SACHIN S. DESHMUKH, J.

DATE : 2 DECEMBER 2025 PER COURT :

The applicant has approached this Court seeking regular bail in connection with FIR bearing Crime No. 0199 of 2025 dated 13.05.2025 registered with Pundliknagar Police Station, District - Chhatrapati Sambhajinagar for the offences punishable under section 118(2), 126(2), 137(2), 140(2), 351(3), 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

Heard learned counsel for the applicant and learned APP and perused the record.

3.

Perusal of the complaint indicates that the informant was in the business of transportation. In the process availed one Innova Crysta car from Sunil Nagargoje rented through Akash Jadhav.

2 BA / 1665 / 2025 Later on, due to financial difficulties, the said Innova car was pledged with one Sunil Kajilkar for Rs.2,50,000/-. This amount was deposited with the account of accused Akash Jadhav, who retained an amount of Rs.90,000/- out of same. Thereafter, Aakash Jadhav started insisting to retain the pledged vehicle. On 11.05.2025, when the complainant was at his house, accused Aakash Jadhav accompanied with Kunal Gore, reached there and insisted on the return of pledged vehicle. It was assured that upon repayment of amount vehicle would be returned. Thereafter, the complainant was forcibly taken by the accused Aakash and Kunal in the agricultural field on motorcycle and assaulted with a belt. It is, thereafter, present applicant allegedly was called on the spot and inflicted fist blows. It is also alleged the Complainant was also stripped of his clothes and recording of incident was done. Again on 12.05.2025, the complainant was assaulted and taken to other field in the vehicle owned by the present applicant, where the vehicle was intercepted by the police. 4.

Learned counsel for the applicant submits that general and sweeping allegations are levelled against the applicant was arrested on 13.05.2025 and chargesheet has been filed. The informant and accused are close friend and reside in the same locality. There are no criminal antecedents. Applicant is falsely implicated in the crime. He,

3 BA / 1665 / 2025 therefore, prayed to grant bail to the applicant and allow the application.

5.

Learned APP has opposed the application submitting that the applicant is involved in a serious offence, as such, is not entitled for bail.

6.

Perual of record indicates every act is attributed to the other accused involved in the alleged incident and only general and sweeping allegations of blow by fist is levelled against the applicant. Since investigation is already completed and chargesheet is filed. As such, no purpose would be served by keeping the applicant behind the bars and necessary care can be taken by imposing stringent conditions.

7.

In that view of the matter, I am inclined to allow the application.

8.

Resultantly, following order is passed :-

ORDER

(I) Application is allowed.

(II) Applicant, Bhaskar Baburao Gaikwad, be released on regular bail on furnishing P.R. bond of Rs. 50,000/- (Fifty Thousand Only) with one or two local solvent sureties in the like amount, in connection with Crime No. 0199 of 2025 dated 13.05.2025 registered with Pundliknagar

4 BA / 1665 / 2025 Police Station, District - Chhatrapati Sambhajinagar for the offences punishable under section 118(2), 126(2), 137(2), 140(2), 351(3), 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, on the following conditions :

(a) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

(b) The applicant shall submit his Aadhar and Pan Card to the Investigation Officer and detailed addresses and phone numbers of applicant and two of the near relatives.

(c) In case of breach of any of the conditions by the applicant, it is open for the Prosecution to move this Court seeking cancellation of bail.

(iii) Needless to states that the observations rendered herein are to the extent of this application and the trial court shall not be influenced by the same.

[ SACHIN S. DESHMUKH ] JUDGE arp/