Atish @ Guddya Shantaram Chaudhari v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3274 OF 2025 Ananda Tukaram Honmukhe ...Applicant

Versus

The State of Maharashtra

...Respondent

_______ Mr. Paras D. Yadav for Applicant.

Dr. A. A. Takalkar, APP for the Respondent-State. _______

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

10th SEPTEMBER 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.202 of 2021 registered with Mangalwedha Police Station, District Solapur for the offence punishable under Section 302 of the Indian Penal Code (for short "IPC").

2.

It is prosecution's case that applicant and wife of deceased i.e. accused No.1 had illicit relationship and on that count they killed the deceased by strangulation.

3.

It is contention of learned counsel for applicant that prosecution's case is based on circumstantial evidence. The applicant is behind bar for more than four years and six months and yet the Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.09.12 11:37:51 +0530 SAJAKALI LIYAKAT JAMADAR trial is not concluded. Accused No.1 has been released on bail by

this Court. Hence, the applicant is entitled for bail on the principle of parity.

4.

It is contention of learned A.P.P. that applicant had illicit relationship with wife of deceased i.e. accused No.1. They killed the deceased by strangulation. Charge is framed. If applicant is released on bail, he may abscond as he tried to flee away after his arrest. Hence, requested to reject the application.

5.

I have heard both learned counsels, perused the FIR and documents produced on record. As per prosecution's case, the accused No.1 had participated in the murder of her husband. The allegations against the applicant and accused No.1 are same. Accused No.1 has been released on bail by this Court. Considering these facts, applicant is entitled for bail on the principle parity as well as applicant is behind bar for more than four and half years. Yet trial is not concluded. Considering these facts, his further detention is not required.

6.

In view of the above, I pass the following order :

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.202 of 2021 registered with Mangalwedha Police Station, District Solapur, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

7.

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

8.

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.

9.

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

(SHIVKUMAR DIGE, J.)