Atish Bhagavat Lankeshwar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3739 OF 2025 Atish Bhagavat Lankeshwar .....Applicant Vs.

The State Of Maharashatra .....Respondents Mr. Kunal Vidyadhar Patil, for the Applicant. Mr. Shrikant H. Yadav, APP, for the Respondent-State. Mr. Yadav, with Mr. Deshmane Sachin Dattatraya, Mhada Police Station CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : 5th FEBRUARY 2026 P.C.:- 1.

The Applicant is arrested in C. R. No.173 of 2023 registered with Madha Police Station, Solapur for the offenses punishable under Sections 302, 307, 323, 506 120(b) read with 34 of I.P.C. of 1860. 2.

The allegations against the Applicant are that the Applicant, along with other co-accused, assaulted the father of Accused No. 6. It is alleged that Accused No. 6 instigated the assailants to assault her father, as he was opposing her love affair with Accused No. 1. The incident of assault took place on 7th August 2023, and the injured succumbed to the injuries on 8th January 2025. Initially, an offense under Section 307 of the Indian Penal Code was registered, and after 1/4

the death of the injured, the offense under Section 302 of the Indian Penal Code came to be added.

3.

The learned counsel appearing for the Applicant submits that although there are six accused persons, the first informant has also been arrayed as an accused. It is further submitted that Accused No. 6 and the other co-accused have already been released on bail and that they were attributed a role similar to that of the present Applicant. Hence, the ground of parity is available to the Applicant. It is further contended that the Applicant has been in custody since 8th August 2023, and though the charge has been framed, no witnesses have been examined till date.

4.

Considering that all the other co-accused having a similar role have already been released on bail, and the Applicant is claiming parity, a case is made out for release of the Applicant on bail. Hence, the following order:

ORDER

i) Applicant is allowed.

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ii) The applicant namely, Atish Bhagavat Lankeshwar shall furnish personal bond of Rs.25,000/- with his recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer;

iii) The Applicant shall remain present before the concerned Police Station on every Thursday between 11.00 a.m. to 01.00 p.m;

iv) The applicant shall cooperate with the investigation and make himself available for interrogation whenever required;

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer; vi) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the Police; vii) The applicant shall not leave the territory of Rajratna Nagar, Madha, Tal: Madha, Dist: Solapur without prior permission of the Court, till trial is over;

viii) The applicant shall maintain law and order;

ix) The applicant shall, at the time of execution of the bond, furnish his residential address and contact number to 3/4

the Investigating Officer, and the court concerned, and shall not change the residence till the final disposal of the case; x) The applicant shall surrender his passport, if any, before the Investigating Officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the Investigating Officer;

xi) The applicant shall regularly remain present during the trial, and cooperate with the Hon'ble Court to complete the trial for the above offenses.

(MRS. VRUSHALI V. JOSHI, J.) 4/4