Onkar Kailas Mohite v. State Of Maharashtra

by ARUNA SANDEEP TALWALKAR Date:

2025.08.25 21:57:50 +0530 ARUNA SANDEEP TALWALKAR 13.BA992.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 992 OF 2025 Onkar Kailas Mohite ...Applicant.

Versus

The State of Maharashtra.

...Respondent.

Mr. Aniket Vagal, a/w. Ms. Juhi Kadu a/w. Ms. Savvy Kolhekar, Advocate for Applicant.

Mr. Tanveer Khan, APP for Respondent-State.

Mr. Maroti Iranna Metalwad, Yawat Police Station, Pune Rural. CORAM: ASHWIN D. BHOBE, J.

DATED: 25th AUGUST, 2025.

PC:- 1.

Heard Mr. Aniket Vagal, learned Advocate for the Applicant and Mr. Khan, learned APP for State.

2.

By the present Application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the Applicant is seeking regular bail in Crime No. 782 of 2023 registered with Police Station, Yavat, Tal. Daund, Dist. Pune for the offences punishable under Section 307, 143, 144, 147, 148, 149, 120(B) of the Indian Penal Code, Section 4(25) of the Indian Arms Act, Section 7 of the Criminal Law (Amendment) Act and Sections 37(1), 3, 135 of the Bombay Police Act. Said Crime is registered as Sessions Case No. 191 of 2025 and is pending before the Court of Additional Sessions Judge, Baramati, Dist. Pune.

3.

There are 6 Accused in the crime, two amongst them are child in conflict with law (CCL). Applicant was arrested on 14th July, 2023. 4.

Mr. Aniket Vagal, learned Advocate for the Applicant submits that the Applicant is seeking bail on the sole ground of parity. He submits that involvement of the Applicant (Accused No. 2) is similar and identical to the involvement of Accused Nos. 1, 3 and 4 in the said crime. He submits that Accused No. 1 is released on bail by the Additional Sessions Judge, Baramati, Dist. Pune by order dated 25th October, 2024(page 172-178). Accused No.3 is released on bail by the Additional Sessions Judge, Baramati, Dist. Pune by order dated 28th November, 2024(page 185-191) and Accused No. 4 is released on bail by the Additional Sessions Judge, Baramati, Dist. Pune by order dated 25th October, 2024(page 192-198). 5.

Mr. Khan, learned APP submits that the involvement of the Applicant in Crime No. 782 of 2023 is similar and identical to the involvement of Accused Nos. 1, 3 and 4. He submits that Accused Nos. 1, 3 and 4 being granted bail, case of the Applicant can be considered for bail on the ground of parity.

6.

Perused the records with the assistance of the learned Advocate. 7.

Record reveal involvement of the Applicant and the co-accused viz. Accused Nos. 1, 3 and 4 in Crime No. 782 of 2023 to be similar and identical, as submitted by the learned Advocate for the parties. Accused Nos. 1, 3 and 4 being released on bail, the Applicant would be entitled to bail on the ground of parity.

8.

Bail Application is therefore, allowed on the following conditions : (a) Applicant be released on bail in Crime No. 782 of 2023

registered with Police Station, Yavat, Tal. Daund, Dist. Pune upon furnishing P.R. Bond in the sum of Rs. 50,000/- with one or two local sureties in the like amount to the satisfaction of the learned Additional Sessions Judge, Baramati, Dist. Pune. (b) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing the facts to Court or any Police Officer. Applicant shall not tamper with evidence.

(c) Applicant upon release within 3 days shall furnish his residential addresses with proof and contact details to the Investigating Officer, Police Station, Yavat, Tal. Daund, Dist. Pune.

(e) Applicant shall attend each and every date of hearing in Sessions Case No. 191 of 2023 before the learned Additional Sessions Judge, Baramati, Dist. Pune, unless exempted. (f) Applicant shall not leave territorial jurisdiction of District Pune without prior permission from the Court of the Additional Sessions Judge, Baramati, Dist. Pune.

(g) Applicant shall not indulge in any criminal activities. 9.

Bail Application No. 992 of 2025 is allowed in the above terms. (ASHWIN D. BHOBE,J.)