Mahesh @ Pappu Kisan Kondhakar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1558 OF 2025 Mahesh @ Pappu Kisan Kondhakar ....Applicant

VERSUS

State Of Maharashtra .....Respondent _________________________________________________________________ Mr. Amit Icham, Advocate for the Applicant.

Smt. Ranjana D. Humane, APP for the Respondent-State. G.P.S.I. - A.R.Burte, Rajgad Police Station, Pune-Rural, present. _________________________________________________________________ by SONALI SATISH KILAJE Date:

2026.02.05 10:22:41 +0700 SONALI SATISH KILAJE

CORAM

: SHIVKUMAR DIGE, J.

DATE : 2nd FEBRUARY, 2026.

P.C. :

1.

By this application, the Applicant is seeking regular bail in C.R.No. 446 of 2024 registered with Rajgad Police Station, Pune, for the offences punishable under Sections 109, 118(2), 352, 351(2), 351(3) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short "BNS Act"). 2.

It is prosecution's case that on 20.09.2024, the applicant and co-accused assaulted the deceased with iron rod with intention to kill him. In the said assault, hand and leg of the first informant were fractured. 3.

It is contention of learned counsel for the applicant that the applicant is behind bars for one year and four months. There is no progress in the trial. The main allegations are against the co-accused.

The injuries are not on vital parts of the first informant's body. The applicant has no antecedents and requested to allow the application. 4.

It is contention of learned APP that the applicant and coaccused brutally assaulted the first informant with iron rod with intention to kill him. The injury certificate shows that the first informant has suffered fractures and grievous injuries. The co-accused is absconding. If the applicant is released on bail, he may abscond or threaten prosecution witnesses. There are eye witnesses to the incident and requested to reject the application.

5.

I have heard both the learned counsel. Perused chargesheet and documents produced on record. The applicant is behind bars for one year and four months. There is no progress in the trial. The co-accused is absconding. It may take time to conclude the trial. The applicant has no antecedents. Considering these facts, I pass following order.

ORDER

i.

The applicant be enlarged on bail in C.R.No. 446 of 2024 registered with Rajgad Police Station, Pune, on executing P.R.Bond of Rs. 30,000/- on furnishing one or two sureties in the like amount.

ii.

The applicant shall attend the concerned police station as and when required.

iii.

The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. 6.

The application is allowed in the aforesaid terms and is accordingly disposed of. All pending applications, if any, disposed of. 7.

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.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)