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Bombay High CourtBA/1659/2025disposed off

Narendra Ram @ Nagendrakumar Bholaram v. State Of Maharashtra

2025-08-22Hon'Ble Shri Justice Shivkumar Dige4 pages

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1659 OF 2025 HARISH VITHAL CHAUDHARI Narendra Ram @ Nagendrakumar Bholaram .....Applicant Vs State Of Maharashtra .....Respondent by HARISH VITHAL CHAUDHARI Date:

2025.08.22 19:04:03 +0530 Adv. Abhishek Ingale a/w Benazin Jamdar & Om Nangare i/b Rati Sinhasane for the Applicant.

Adv. Dr. Ashvini A. Takalkar, APP for the Respondent-State. HC. Mr. S. S. Salunkhe, Sanjaynagar Police Station, Sangli. CORAM :

SHIVKUMAR DIGE, J.

DATE :

22nd AUGUST 2025 P.C.:

1.

By this application, applicant is seeking regular bail in C.R.No.166 of 2023 registered with Sanjaynagar Police Station, Dist-Sangli, for offences punishable under Section 302 of Indian Penal Code, 1860.

2.

It is prosecution's case that on 8th October 2023, applicant murdered the deceased on the ground that the deceased was harassing the applicant for giving the money to drink liquor. 3.

It is contention of the learned counsel for applicant that

4.

the prosecution case is based on circumstantial evidence. The deceased was harassing the applicant for giving money to drink liquor and assaulted the applicant. There is no eye witness to the incident. The applicant is behind bar for more than two years. There is no progress in trial. Hence, requested to allow the application.

5.

It is the contention of learned APP that the incident happened in the room of the applicant. He assaulted the deceased to death and thereafter he ran away, it shows the involvement of the applicant in the crime. The blood stain cloths and slipper are recovered at the instance of the applicant. The applicant is resident of Bihar. If he released on bail, he may abscond. Hence, requested to reject the application. 6.

I have heard both learned counsel. Perused the FIR, chargesheet and documents produced on record. It appears that the said incident happened out of sudden provocation. The applicant is behind bar for more than two years. Investigation is completed, charge-sheet has been filed. Considering the above facts, further detention of applicant is not required. 7.

In view of above, I pass the following order : 3/5

ORDER

(I) Application is allowed.

(ii) Applicant be enlarged on bail in C.R.No.166 of 2023 registered with Sanjaynagar Police Station, Dist-Sangli, on executing P.R.Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) Applicant shall attend the trial court proceeding regularly.

(iv) Applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.

(v) Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. 8.

The application is allowed in the aforesaid terms and is accordingly disposed of.

9.

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 4/5

uninfluenced by the observations made in this order. 10.

All concerned to act on the authenticated copy of this order.

[SHIVKUMAR DIGE, J.] 5/5