Gudya @ Kishor Dnyandev Shelar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4603 OF 2025 Gudya @ Kishor Dnyandev Shelar ..Applicant Vs.

State of Maharashtra ..Respondent _________________________________________________________________ BHALCHANDRA GOPAL DUSANE Mr. Aniket Nikam a/w Abhilasha Pawar for Applicant. Mr. S.R. Agarkar, APP for Respondent-State.

PSI, Y.R. Bansode, Wakad Police Station, Pune present. _________________________________________________________________ BHALCHANDRA GOPAL DUSANE Date: 2026.04.10 19:32:06 +0530 CORAM :

SHIVKUMAR DIGE, J.

DATE :

9th APRIL, 2026.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the State.

2.

By this Application, the Applicant is seeking regular bail in Crime No.483 of 2020 registered with Wakad Police Station, Pune for the offences punishable under Sections 302 read with 34 of the Indian Penal Code (for short 'IPC'), Section 4(25) of the Arms Act and under Sections 3(1) (i) (ii), 3(4) of the Maharashtra Control of Organised Crime Act,1999 (for short "MCOC Act").

3.

It is prosecution's case that the Applicant assaulted the deceased with sickle on his neck and got him seriously injured. 4.

It is the contention of learned Counsel for the Applicant that the

co-Accused, who is gang leader has been released on bail by this Court (Coram : Ashwin D. Bhobe, J.) by Order dated 14th August 2025 on the ground of long incarceration. The Applicant is behind bar since 5 years and 10 months and hence the applicant is entitled for bail on principle of parity and requested to allow the application.

5.

It is contention of learned APP for the State that there are allegations against the Applicant that he assaulted the deceased with sickle on his neck and got him seriously inured. There is direct evidence against the Applicant. The first informant witnessed the incident. If Applicant is released on bail, he may abscond or threaten the prosecution witnesses and requested to reject the application.

6.

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

7.

The co-accused, Sachin Sathe, who is gang leader has been released on bail by this Court on the ground of long incarceration. The Applicant is behind bar since 5 years and 10 months. Hence, applicant is entitled for bail on principle of parity.

8.

Considering this fact, I pass following order:

ORDER

(i) The Applicant- Gudya @ Kishor Dnyandev Shelar be released on bail in Crime No. 483 of 2020 registered with Wakad Police Station,

District-Pune, on executing PR bond of Rs.50,000/- with one or two local sureties in the like amount to the satisfaction of the Additional Sessions Judge and Special Judge, MCOC Act, Pune.

(ii) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of accusation, so as to dissuade such person from disclosing such facts to the Court or to any police officer.

(iii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses, in any manner. (iv) Applicant upon his release, within a period of three days from his release, shall furnish his cell phone number and residential address with proof to the Investigating officer, Wakad Police Station, District-Pune and shall keep the same updated, in case of any change thereto. (v) The Applicant shall co-operate in the conduct of the trial of Special MCOCA Case No.718 of 2020 and shall regularly attend the hearing of the case pending on the file of Additional Sessions Judge and Special Judge, MOOC Act, Pune, on each and every date, unless exempted from appearance.

(vi) The Applicant shall report/attend the Investigating officer, Wakad Police Station on first and last Saturday of every month from 10.00 a.m. to 1.00 p.m. till further orders from the Trial Court in the said case.

(vii) Applicant shall not enter the territorial jurisdiction of DistrictPune, till conclusion of the trial of Special MCOCA Case No.718 of 2020, except for attending the hearing of the said case and for the purpose of reporting before the Investigating officer, Wakad Police Station. 9.

Bail Application is allowed and disposed of in the aforesaid terms.

(SHIVKUMAR DIGE, J.)