Ritesh Vikas Kharat v. State Of Mjaharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4 OF 2025

1. Ritesh Vikas Kharat

2. Soham Alias Chotya Manik Thokale .... Applicants

Versus

The State of Maharashtra .... Respondent ----- Adv. Priyal Sarda a/w Mr. Abhishek Jare, Advocate for the Applicant. Ms. Veera Shinde, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.09.12 15:05:31 +0530 SHANTANU SHANKARSA DHUDUM DATE : 11th SEPTEMBER, 2025.

P.C. :

1.

By this application, the Applicants are seeking regular bail in C. R. No. 308 of 2023 registered with Kurundwad Police Station, Kolhapur, for the offence punishable under Sections 302, 120(B), 143, 147 and 149 of the Indian Penal Code, 1860 (for short "IPC"), and Section 5, 27 of the Arms Act, 1959 and Section 135 of the Bombay Police Act, 1951.

2.

It is the prosecution's case that on 15/10/2023, first informant while working in the field, he did not find his brother-inShantanu S. Dhudum 1/4

law. Hence, he searched him and found him in injured condition. He was seriously injured. The injuries were appearing on all over the body. When he went near him, he uttered the name "Rahul Bhambire Rahul Bhambire" i.e. the accused. Immediately, the first informant called other persons and shifted the deceased in the hospital. While taking to hospital, he died. It is alleged that the accused had quarreled with the deceased in the year 2018 on the ground of overtaking of vehicle. In the investigation, the police arrested the Applicants with accused No.1. It is alleged that the accused No.1 in conspiracy with the Applicants murdered the deceased.

3.

It is contention of learned counsel for the Applicants that the Applicants have been falsely implicated in this case. The Accused No.1 has been released on bail by this Court vide order dated 18th August, 2025, the Applicants are entitled for bail on the ground of principle of parity. Hence, requested to allow the application. 4.

It is contention of learned APP for the Respondent - State that accused No.1 had conspired with the Applicants and hired services of Applicants to kill the deceased. They have actually participated in the said crime, and requested to reject the application. 5.

I have heard both learned counsel, perused charge-sheet. Shantanu S. Dhudum 2/4

The prosecution's case is based on circumstantial evidence. The accused No.1 has been released on bail by this Court. The allegations against the Applicants are that the accused No.1 had conspired and hired the services of present Applicants to kill the deceased. There is no recovery at the instance of the Applicants. 6.

Considering these facts, the Applicants are entitled for bail on principle of parity, and I pass following order:

ORDER

i. The Applicants be enlarged on bail in C. R. No. 308 of 2023 registered with Kurundwad Police Sttion, Kolhapur, on executing P.R. Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

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

iii. The Applicants shall attend the trial Court dates, regularly.

7.

The application is allowed in the aforesaid terms and is Shantanu S. Dhudum 3/4

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.

9.

All concerned to act on the authenticated copy of this order. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 4/4