Nikhil Jagannath Shinde v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2732 OF 2025 Nikhil Jagannath Shinde ... Applicant

Versus

The State of Maharashtra ... Respondent ________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.02.06 11:04:06 +0530 NILAM SANTOSH KAMBLE Mr.Niranjan Bhavake a/w Ms.Drishti Madhani, Mr.Anurag Ramekar a/w Ms.Vaishanavi Chore i/b Mr.Sushant J. Tayade, for the Applicant. Mr.P.P. Jadhav, APP for Respondent-State.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 4th FEBRUARY 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.854 of 2023 registered with Yerawada Police Station, Pune, for the offences punishable under Sections 308, 336, 427, 143, 144, 147, 148 and 149 of the Indian Penal Code, 1860 ('IPC' for short), Sections 4(25) of the Arms Act, Section 37(1)(3) read with Section 135 of the Maharashtra Police Act, and Section 3(1)(ii), 3(2) and 3(4) of

the Maharashtra Control of Organised Crime Act, 1999 ('MCOCA' for short).

2.

It is prosecution's case that on 25th December 2023, at around 2.30 p.m. when First Informant and his brother were sitting near their house, at that time, the Applicants and co-accused came there and they pelted stones at the house of the First Informant and tried to kill them, by assaulting them with sharp weapon. 3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than 2 years. There is no progress in trial. No one was injured in the assault by the Applicant and requested to allow the Application.

4.

It is contention of learned APP that, the Applicant has antecedents. He tried to kill the First Informant and his brother. He pelted stone on the house of the First Informant. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Application. 5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

Neither First Informant nor his brother got injured in the

assault by the Applicant. The Applicant is behind bars for more than one year and eight months. There is no progress in trial. It may take time to conclude the trial.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Nikhil Jagannath Shinde be released on bail in Crime No.854 of 2023 registered with Yerawada Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)