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Bombay High CourtBA/4383/2025disposed off

Sarthak Hiraman Ahire v. State Of Maharashtra

2026-02-09Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4383 OF 2025 Sarthak Hiraman Ahire ... Applicant

Versus

The State of Maharashtra ... Respondent ________________________________________________________ by NILAM SANTOSH KAMBLE Date: 2026.02.11 11:50:51 +0530 NILAM SANTOSH KAMBLE Mr.Himanshu S. Gavit, for the Applicant.

Ms.R.D. Humane, APP for Respondent-State.

Mr.Prabhakar Sonwane, PSI, Upnagar Police Station, Nashik. ________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 9th FEBRUARY 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.170 of 2025 registered with Upnagar Police Station, Nashik for the offences punishable under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short), Section 135 of the Maharashtra Police Act and Sections 3(25), 4(25) and 27 of the Arms Act. 2.

It is prosecution's case that when police party was on partrolling duty in the night of the 25th April 2025, they found the Applicant and coaccused hiding by the side of the road with an intention to commit dacoity.

When police chased them, the Applicant was found in the injured condition. It is alleged that the Applicant was carrying countrymade pistol and accidentally fired bullet and he got injury in his thigh. 3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than eight months. There is no progress in trial, and requested to allow the Application. 4.

It is contention of learned APP that, the Applicant has antecedents. He got injury by accidental firing, it shows involvement of the Applicant in crime. If the Applicant released on bail, he may abscond or threaten 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 eight months. There is no progress in trial. It may take time to conclude the trial. To prove the offence against the Applicant evidence is required. 7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Sarthak Hiraman Ahire be released on bail in Crime No.170 of 2025 registered with Upnagar Police

Station, Nashik, 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 Upnagar Police station till conclusion fo the trial. (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.)