Anantrao Vaijinath Patil v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3787 OF 2025 Anantrao Vaijinath Patil .....Applicant Vs.

The State of Maharashtra ......Respondent Mr. Prabodhan Jadhav with Mr. Kiran Ghodake & Ms. Kshitija Gondkar, for the Applicant.

Mr. Shrikant H. Yadav, APP, for the Respondent-State. CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : 25th FEBRUARY 2026 P.C.:- 1.

The Applicant is arrested in Crime Registration No.287 of 2025 registered with Tembhurni Police Station, Solapur for the offences punishable under Sections 109, 118(1), 333, 352, 351(3) read with 3(5) of the the Bharatiya Nyaya Sanhita, 2023 ('BNS'). It is the case of the prosecution that the quarrel started on 2nd May 2025, when the accused No.1 Mahesh asked for his changedriver payment and the complainant's son refused to give the payment immediately and told co-accused Mahesh that he will pay it later. On 3rd May 2025 at about 8:45 p.m., this Applicant alongwith Mahesh Patil and Himmat patil went to the house of the first 1/4

informant. It is alleged that Himmat gave a blow with a sickle on the complainant's left hand and then on his back and thereafter, complainant fell down. Co-accused Himmat struck the complainant on his head and face with the sickle. Co-accused Mahesh Patil assaulted the complainant with a wire. The role attributed to this Applicant is that he assaulted the complainant's wife and son with a wooden stick.

3.

The counsel for Applicant has stated that the Applicant is in jail since last 9 months. The role attributed to him is assault by wooden stick to wife and son of the complainant. The injury certificate of both the persons is about the simple injury. The offence under Section 109 is against Mahesh Patil. Only because he went with them, the offence under Section 109 is registered. As the injury certificate shows that it is simple injury, Section 109 will not attract against this Applicant. Hence, prayed to release the Applicant on bail.

4.

The learned APP opposed the application stating that there are three eye witnesses. He was alongwith other co-accused. There is one antecedent against this Applicant. Considering the earlier 2/4

antecedent and his presence at the spot, this is not the case to release the Applicant on bail. Hence, prayed to reject the application. 5.

Heard learned counsel appearing for both the parties. 6.

The Applicant, who is one of the assailants along with other coaccused assaulted the complainant. The role attributed to this Applicant is assault by wooden stick. On perusal of injury certificate, it appears that the injuries caused because of the assault by this applicant are simple injuries. Considering the role attributed and the nature of the injuries, the case is made out to release the Applicant on bail.

7.

Hence, the Application is allowed on the following terms and conditions :

i) The Applicant, namely, Anantrao Vaijinath Patil shall be released on bail on furnishing 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;

ii) The Applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted 3/4

with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; iii) 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; iv) The Applicant shall not enter the territorial jurisdiction of Tembhurni Police Station, except to attend the trial Court; v) The Applicant shall maintain law and order;

vi) The Applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; vii) The Applicant shall regularly remain present during the trial, and cooperate with the learned trial Court to complete the trial for the above offences.

(MRS. VRUSHALI V. JOSHI, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2026.02.27 16:26:29 +0530 RAJU DATTATRAYA GAIKWAD 4/4