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Bombay High CourtBA/933/2025allowed

Nikhil S/O Hirakashyap Somkuwar v. The State Of Maharashtra, Thr. Pso, Sadar, Nagpur And Others

2025-09-11Hon'Ble Shri Justice M. M. Nerlikar2 pages

915-ba-933-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.933 OF 2025 Hussain Shahid Shah ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Siddharth N. Sutaria, Mr. Abhijit Aher, Mr. Prithviraj S. Dapse i/b Mr. Suyash N. Khose for the Applicant.

Mr. Vinod Chate, APP for the Respondent/State. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

05.03.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.1014 of 2024 registered at Shirur Police Station, Pune rural for the offences punishable under Sections 109, 49 and 351(2) of Bharatiya Nyaya Sanhita.

3.

There was a dispute between the applicant and the injured. According to the prosecution thus on account of said dispute on the date of incident which took place on 23.12.2024 at the instance of the applicant, the co-accused Ayan Shaikh assaulted the injured by koyta and attempted to commit his murder. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

Dinesh S. Sherla 1/2

915-ba-933-25.doc 5.

The learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that the applicant is in jail for two months and there are no other criminal antecedents.

6.

On the other hand, the learned APP submits that considering the nature of offence, the applicant may not be released on bail. 7.

The actual assault is attributed to the co-accused. The applicant is in jail for more than two months. There are no other criminal antecedents against the applicant. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in C.R. No. 1014 of 2024 registered at Shirur Police Station, Pune rural for the offences punishable under Sections 109, 49 and 351(2) of Bharatiya Nyaya Sanhita on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2