Anup @ Andya Suresh Pasalkar v. State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3623 OF 2025 MR. SHUBHAM VAYUKUMAR KOLEKAR
VERSUS
THE STATE OF MAHARASHTRA ...
Mr. Pratik G. Tare i/b Mr. Sachin Y. Mane a/w Ms. Vaishnavi Swami, Advocate for Applicant Mr. N. B. Patil, APP for Respondent/State ...
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 12th JANUARY, 2026 ORDER :
1.
By this application, the applicant seeks bail in C.R. No.1006/2024, registered with Shivajinagar Police Station, District Kolhapur for offences punishable under Sections 103(1), 109, 189(2), 191(2), 191(3), 115(2), 190 and 352 of the Bharatiya Nyaya Sanhita. 2.
The prosecution case is that, on 26/12/2024 at the gathering of Kabnur High School, due to a verbal dispute between them the accused caught hold the deceased Prasad Dingane. Meanwhile, the juvenile accused attacked the deceased with a knife below the chest on the left side, on the right wrist and on the left waist. As a result, the deceased was seriously injured and expired before receiving treatment.
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Heard learned advocate for applicant and learned APP for respondent / State. Perused the record.
4.
Perusal of the FIR and investigation papers show that the role attributed to the applicant in the FIR as well as in the statements of eye witnesses is that he caught hold of the deceased and accused No.1 inflicted blows on him. Brother of the deceased has not stated in his statement that the applicant caught hold of the deceased and other accused inflicted blows to the deceased. All the other accused are juvenile and they are, therefore, released on bail. Applicant came to be arrested on 27/12/2024 and the charge-sheet is filed on 24/03/2025. The charge is framed on 16/10/2025. Till date not a single witness is examined by the prosecution.
5.
Learned APP submits that there are four antecedents against the applicant. All the offences registered against applicant are punishable under Sections 324, 379, 327 and 188 of Indian Penal Code and the Arms Act. In all the cases, the applicant is released on bail. 6.
Taking into consideration the role attributed to the applicant and the fact that trial is not likely to conclude in the near future pre-trial detention of the applicant is not warranted in the facts of the present case.
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In the result, following order:-
ORDER
I.
The application is allowed.
II.
Applicant Shubham Vayukumar Kolekar be released in connection with C.R. No.1006/2024, registered with Shivajinagar Police Station, District Kolhapur for offences punishable under Sections 103(1), 109, 189(2), 191(2), 191(3), 115(2), 190 and 352 of the Bharatiya Nyaya Sanhita, on executing personal bond of Rs.15,000/- with one surety in the like amount. III.
Applicant shall not enter the jurisdiction of Shivajinagar Police Station, District Kolhapur, except on the dates on which trial is fixed.
IV.
Applicant shall not tamper the prosecution evidence. (NITIN B. SURYAWANSHI, J.)