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Bombay High CourtBA/3558/2025allowed

Ajay Shivaji Raut v. State Of Maharashtra

2026-01-05Hon'Ble Shri Justice Nitin B. Suryawanshi3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3558 OF 2025 Ajay Shivaji Raut ...Applicant

Versus

State of Maharashtra

...Respondents

Mr. Kunal V. Patil, Advocate for the applicant Mr. N.B. Patil, APP for State .......

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 05th JANUARY, 2026 ORDER :

1.

Applicant seeks bail in Crime No. 533 of 2023 registered with Sangola Police Station, Dist. Solapur, for the offences punishable under Sections 302, 397, 201 read with 34 of the Indian Penal Code. 2.

FIR is lodged by daughter of the deceased alleging that her father Santosh Jagannath Salunkhe was found dead on 19.06.2023. There were injuries on his body and some unknown person has murdered him for unknown reason.

3.

Upon registration of crime investigation commenced and the applicant, one juvenile and another accused came to be arrested on 14.09.2023.

{2} 4.

Heard learned advocate for the applicant and learned APP for State. Perused the papers.

5.

Learned APP has vehemently opposed the application and submitted that there is circumstantial evidence against the applicant as the applicant was last seen with the deceased and there is recovery of amount of Rs. 1105/- and clothes from the applicant. Since the applicant has committed serious crime of murder, he is not entitled for the bail.

6.

It prima facie appears from the record that the only circumstance against the applicant is that he was last seen in the company of the deceased. Recovery of amount of Rs. 1105/- from the applicant, at this stage, cannot be said to be an adverse circumstance. So also, recovery of clothes of the applicant himself also cannot be termed as a circumstance weighing against the applicant. Since last more than two and half years, applicant is behind the bars and trial is not likely to conclude in near future. Therefore, further custodial detention of the applicant, in the facts of the present case, is not warranted.

7.

In the result, application is allowed.

8.

Applicant- Ajay Shivaji Raut be released on bail in

{3} connection with Crime No. 533 of 2023 registered with Sangola Police Station, Dist. Solapur, for the offences punishable under Sections 302, 397, 201 read with 34 of the Indian Penal Code on furnishing Personal Bond of Rs. 15,000/- with one surety in the like amount. 9.

Applicant shall not tamper the prosecution evidence and shall not enter Taluka Sangola till the conclusion of trial. (NITIN B. SURYAWANSHI, J.)