Shivaji Mahadev Rakh v. The State Of Maharashtra

2026:BHC-AUG:192 1 BA / 2321 / 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 BAIL APPLICATION NO. 2321 OF 2025 SHIVAJI MAHADEV RAKH

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for applicant : Mr. S.S. Jadhavar APP for the respondent - State : Mr. P.P. Dawalkar ...

CORAM

: SACHIN S. DESHMUKH, J.

DATE : 05 JANUARY 2026 PER COURT :

The applicant has approached this Court seeking regular bail in connection with FIR bearing Crime No. 652 of 2025 dated 25.07.2025 registered with Shevgaon Police Station, District - Ahilyanagar for the offences punishable under section 103(1), 109. 115, 115(2), 115(3), 352, 351(2)(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

The prosecution alleged that on 24.07.2025, the applicant and others assaulted the victim due to a previous dispute. It is also claimed that the applicant held the victim's hands and forcibly administered a poisonous drug used for crops, with the intent to kill him.

2 BA / 2321 / 2025 3.

Learned counsel for the applicant Mr. Jadhavar submitted that it is a case of false implication since the poison was consumed by the victim. When the victim was admitted to the hospital, a case of alcohol consumption was initially recorded. Furthermore, the declaration form signed by the wife indicates that the victim had consumed poison. Since the chargesheet is filed, no fruitful purpose would be served by keeping the applicant behind the bars. Hence, prayed to allow the application.

4.

Per contra, learned APP vehemently opposed the application, submitting that involvement of the applicant in a serious offence, as such, dis-entitles the applicant grant of bail. Post mortem report supports the allegations made in the FIR. Hence, there is complicity of the applicant in the crime. Therefore, prayed to reject the application.

5.

Having heard the respective counsels for both the sides and upon perusal of the record including the chargesheet indicates that, the accused had allegedly forcibly administered pesticide to the deceased with an intent to kill. However, when the victim was admitted to the hospital, the medical papers indicate consumption of some unknown poison. Thus, the record, prima facie indicates that it is a case of false implication while admitting the victim to the hospital, on 24.07.2025, itself the history of consumption is recorded, which is

3 BA / 2321 / 2025 corroborated by a document in the shape of the declaration of the wife. Thus, there is substantial variation in the statements produced on record. In that view of the matter, case is made out for grant of bail. 6.

The investigation is complete for all intent and purpose. Resultantly, chargesheet is filed. Having regard to the number of the accused and the witnesses which the prosecution propose to examine, it is very unlikely that the trial can be commenced and concluded within a reasonable period. As such, further detention of the applicant as an under-trial prisoner, in the circumstances of the case does not seem to be either warranted or justifiable. I am, therefore, persuaded to exercise the discretion in favour of the applicant. 7.

Resultantly, the following order is passed :-

ORDER

I) Application is allowed.

II) Applicant, Shivaji Mahadev Rakh, be released on regular bail upon furnishing P.R. bond in the sum of Rs.50,000/- (Fifty Thousand only) with one or two local solvent sureties in the like amount, in connection with Crime No. 652 of 2025 dated 25.07.2025 registered with Shevgaon Police Station, District - Ahilyanagar for the offences punishable under section 103(1), 109. 115, 115(2), 115(3),

4 BA / 2321 / 2025 352, 351(2)(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023, on the following conditions :- (a) After his release from jail, the applicant shall report to the Investigating Officer as and when called for. (b) The applicant shall attend the trial Court every month between 11.00 am to 1.00 pm. to mark his presence.

(c) Applicant shall co-operate with the conduct of trial and attend trial Court on all dates unless specifically exempted and will not take any unnecessary adjournment.

(d) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court.

(e) The applicant shall not influence with any of the prosecution witnesses or tamper with the evidence, in any manner. (f) Before his actual release from jail, the applicant shall furnish his address where he propose to reside after his release from jail, to the concerned Police Station and also to the Trial Court. (g) In case of infraction of the above conditions and / or two consecutive defaults in marking his attendance before trial Court, it shall attract the provisions of Section 439(2) of Cr.P.C. i.e. for cancellation of bail.

[ SACHIN S. DESHMUKH ] JUDGE arp/