Abhisekh Ambadas Bandpatte v. State Of Maharashtra
1 80-BA-3665-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3665 OF 2025 ABHISEKH AMBADAS BANDPATTE
VERSUS
THE STATE OF MAHARASHTRA ...
Mr. Ritesh Thobde a/w Mr. Mervin Bordeskar a/w Mr. Changdev Shingade a/w Mr. Darshan Singh Rajpurohit, Advocate for Applicant Mr. S. H. Yadav, APP for Respondent/State ...
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 06TH JANUARY, 2026 PER COURT :
1.
By this application applicant seeks bail in C.R. No.168/2025, registered with Jodbhavi Peth Police Station, District Solapur for offences punishable under Sections 103(1), 115, 3(5) of the Bharatiya Nyay Sanhita.
2.
It is the prosecution case that applicant and four others have assaulted Nagesh Santosh Vitkar with wooden log, sticks, kicks and fist blows on the nose, chest and head. Due to the said assault Nagesh expired on 13/03/2025.
3.
Perusal of the postmortem report shows that the deceased had suffered following injuries:- "1.
Contused abrasion present over anterolateral aspect of left side of nose, 3 cm below glabella and 2 cm above tip of nose, of size 4 cm x 3 cm, red in color. 2.
An abrasion present over left iliac region, 7 cm SVH
2 80-BA-3665-25.odt from left iliac crest and 14 cm from umbilicus, of size 8 cm x 7 cm, red in color.
3.
An abrasion present over left ileac region of abdomen, 3 cm above and left lateral to pubic symphysis, and 18 cm below umbilicus, of size 2 cm x 1 cm, red in color.
4.
Therapeutic injection mark present over flexor aspect of left forearm, 4 cm distal to medial epicondyle of left humerus, in the form of puncture wound of pinhole size, reddish margins."
The opinion as to the cause of death is reserved. 4.
Applicant is arrested on 13/03/2025 and the chargesheet is filed on 29/05/2025. Though there is eye witness to the alleged incident, taking into consideration the allegations levelled against the applicant, prima facie it appears that this is not a case where Section 302 of the Indian Penal Code would be attracted. The trial is not likely to commence and conclude in near future. Hence, the application deserves to be allowed.
5.
In the result, the application is allowed.
6.
Applicant Abhisekh Ambadas Bandpatte be released on bail in connection with C.R. No.168/2025, registered with Jodbhavi Peth Police Station, District Solapur on executing personal bond of Rs.15,000/- with one surety in the like amount. Applicant shall not, in any manner, tamper with the prosecution evidence. (NITIN B. SURYAWANSHI, J.) SVH