Adinath Dilip Bhosale v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3785 OF 2025 Adinath Dilip Bhosale ...Applicant
VERSUS
The State Of Maharashtra
...Respondent
...
Adv. Savita Shedbale, Advocate for the applicant. Mr. Shrikant Yadav, APP for respondent-State. ...
CORAM
:
MRS. VRUSHALI V. JOSHI, J.
DATE :
9th FEBRUARY 2026.
P.C.
1.
By the present Bail Application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant seeks regular bail in connection with Crime Register No. 449 of 2024 registered with Vita Police Station for the offences punishable under Sections 109, 115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2.
The prosecution case, in brief, is that on 18th October 2024 at about 6:00 p.m., the complainant visited Aishwarya Permit Room and Beer Bar at Vita for consumption of liquor. At about 7:00 p.m., while proceeding to the counter to settle the bill, he noticed that the present applicant and the co-accused were engaged in a verbal altercation with the staff at the counter and were allegedly
demanding additional liquor. The complainant intervened to pacify the dispute and requested the accused persons to leave the premises. It is alleged that co-accused Ravan Bhosale started abusing the complainant and approached him in an aggressive manner. The complainant pushed him away in self-defence. Thereafter, the applicant allegedly took out a knife from his pocket and inflicted a stab injury on the stomach of the complainant. Simultaneously, the co-accused is alleged to have assaulted the complainant by fist blows. The injured was initially admitted to the Government Hospital at Vita and was subsequently shifted to Ushakal Hospital, Sangli, due to the seriousness of the injury.
3.
The learned Advocate for the applicant submits that the incident occurred in a beer bar and both the complainant and the accused were under the influence of liquor. It is contended that the act attributed to the applicant was a reaction to the complainant pushing the co-accused and that there was no intention to commit murder. It is further submitted that the complainant has been discharged from the hospital; there is only one stab injury; the applicant and the complainant reside in different villages; the coaccused has already been released on bail; and the applicant has been in custody for about one year and four months. Though one
antecedent is reported, the applicant has been acquitted in the said case. On these grounds, bail is sought.
4.
The learned APP opposed the application, contending that the complainant sustained a grievous stab injury to the stomach and was hospitalized for 12 to 13 days, which prima facie indicates an intention to commit murder. It is further submitted that if released on bail, there is a likelihood of the applicant committing a similar offence. Hence, rejection of the application is prayed for. 5.
I have heard the learned Advocate for the applicant and the learned APP for the State.
6.
The incident occurred in a beer bar and it appears that both the complainant and the applicant were under the influence of liquor at the relevant time. Though the complainant sustained a grievous stab injury, he has since been discharged from the hospital. The applicant has been in custody for a period of more than one year and four months. Considering the period of incarceration and the overall circumstances of the case, a case for grant of bail is made out. Hence, the following order:
ORDER
i) The bail application is allowed;
ii) The applicant is directed to be released on regular bail in connection with Crime Register No. 449 of 2024 registered with Vita Police Station for the offences punishable under Sections 109, 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, upon furnishing a P.R. bond in the sum of Rs. 25,000/- (Rupees Twenty-Five Thousand only) with one or more solvent sureties in the like amount, to the satisfaction of the Trial Court.
(ii) The release of the applicant shall be subject to the following conditions:
a) The applicant shall report to Vita Police Station on the first Monday of every month between 10:00 a.m. and 12:00 noon, until further orders.
b) The applicant shall not tamper with the prosecution evidence or attempt to influence any witness.
c) The applicant shall appear before the Trial Court on each and every date of hearing unless exempted by the Court for sufficient cause. d) The applicant shall not leave the territorial jurisdiction of the Trial Court without prior permission.
e) The applicant shall not indulge in any criminal activity during the pendency of the trial.
f) In the event of breach of any of the above conditions, the prosecution shall be at liberty to move the Trial Court for cancellation of bail.
7.
The Bail Application stands allowed and disposed of accordingly.
(MRS. VRUSHALI V. JOSHI, J.)