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Bombay High CourtBA/676/2025allowed

Aaksah @ Dyani Raju Dhotre v. State Of Maharashtra

2025-03-04Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 676 OF 2025 Aaksah @ Dyani Raju Dhotre ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Jaydeep Mane, Advocate for the Applicant. Mr. C. D. Mali, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

04th MARCH, 2025 P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 695 of 2024 registered at Mohol Police Station, District : Solapur (Rural) for the offences punishable under Sections 109, 118(1), 118(2), 115(2), 352, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4 and 25 of the Arms Act. 3.

According to the prosecution, on account of previous dispute, on the date of incident which took place on 10.10.2024, the present applicant and other co-accused assaulted the complainant and his relatives by sword and iron Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.04.15 19:37:12 +0530 SAJAKALI LIYAKAT JAMADAR rod and attempted to commit their murder.

4.

I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.

5.

The learned counsel for the applicant submits that nobody has sustained any serious injury though the alleged assault was by sword and iron rod. It is submitted that possibility of exaggeration can not be ruled out. It is submitted that the applicant is in jail for six months and there are no other criminal antecedents against him. 6.

On the other hand, the learned A.P.P. for the Respondent-State submits that the applicant is involved in a serious crime of attempt to commit murder. It is submitted that at the time of incident the applicant was armed with sword. It is submitted that considering the nature of offence, the applicant may not be released on bail.

7.

I have perused the injury certificate of the complainant. The nature of injury is simple. The applicant is in jail for six months. There are no other criminal antecedents against the present applicant. Considering the overall facts and circumstances, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No. 695 of 2024 registered at Mohol Police Station, District : Solapur (Rural) for the offences punishable under Sections 109, 118(1), 118(2), 115(2), 352, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4 and 25 of the Arms Act on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) The applicant shall attend the concerned Police Station once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) Application stands disposed of accordingly.

(N. R. BORKAR, J.)