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Bombay High CourtBA/4152/2025disposed off

Hanumant Tipanna Rathod v. The State Of Maharashtra

2026-02-12Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4152 OF 2025 Hanumant Tipanna Rathod ... Applicant

Versus

The State of Maharashtra ... Respondent ________________________________________________________ by NILAM SANTOSH KAMBLE Date: 2026.02.16 15:48:09 +0530 NILAM SANTOSH KAMBLE Mr.Satyavrat Joshi (Through VC) a/w Mr.Samay Pawar, Mr.Malhar Kadam and Mr.Ishan Paradkar, for the Applicant. Mr.P.P. Jadhav, APP for Respondent-State.

Mr.G.S. Dhage, PSI, Sangavi Police Station.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 12th FEBRUARY 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.306 of 2024 registered with Sangavi Police Station, Pune, for the offences punishable under Sections 109, 189(2), 189(4), 190, 191, 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short), Sections 4(25) of the Arms Act, Section 37(1)(3) read with Section 135 of the Maharashtra Police Act, Sections 3 and 7 of Criminal Law Amendment Act and Sections 3(1)(ii) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 ('MCOCA' for short).

2.

It is prosecution's case that on 21st July 2024, at around 10.30 p.m., the Applicant and co-accused assaulted the First Informant with sickle with an intention to kill him on account of old dispute. 3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than one year and six months. There is no progress in trial. The co-accused having similar allegations have been released on bail. Charge has not been framed and requested to allow the Application.

4.

It is contention of learned APP that, the Applicant assaulted on the head of the First Informant. The grievous injuries are caused to the First Informant. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Application.

5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

The Applicant is behind bars for more than one year and six months. The co-accused having similar allegations have been released on bail. There is no progress in trial. It may take time to conclude the trial. Charge is not framed. There are total six accused and out of six, four accused have been released on bail.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Hanumant Tipanna Rathod be released on bail inCrime No.306 of 2024 registered with Sangavi Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount. (ii) The Applicant shall not enter in the jurisdiction of Pimpri Chinchwad till recording of evidence of First Informant, except attending Court dates.

(iii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iv) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(v) The Applicant shall attend the concerned Police Station as and when required.

(vi) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)