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Bombay High CourtBA/4627/2025disposed off

Abhishek @ Bala Shashikant Gend v. State Of Maharashtra

2026-01-29Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4627 OF 2025 Abhishek @ Bala Shashikant Gend ....Applicant

Versus

The State of Maharashtra ....Respondent _________________________________________________________________ Mr. Priyal G. Sarda Advocate for the Applicant. Ms. Ranjana D. Humane, APP for Respondent-State. HC-A.P.Kasbekar, Vadgaon Maval Police Station, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 29th JANUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 117 of 2022 registered with Vadgaon Maval Police Station, District Pune, for the offences punishable under Sections 302, 307 143, 147, 148, 149, 120-B, 427 read with 34 of the Indian Penal Code 1860 (for short "IPC") and 4(25) (27) of the Arms Act. 2.

It is prosecution's case that the applicant and co-accused SHUBHADA SHANKAR KADAM assaulted the first informant and his friend with sharp weapons. In the said assault, the friend of the first informant died. SHUBHADA SHANKAR KADAM Date: 2026.01.31 17:32:38 +0530 3.

It is contention of learned counsel for the applicant that the accused, against whom similar allegations are made, have been released on

bail, hence, the applicant is entitled to bail on the principle of parity and requested to allow the application..

4.

It is contention of learned APP that the applicant has been identified in the test identification parade. The allegations against the applicant and co-accused are on different footings, hence, the principle of parity would not be applicable to the applicant, and requested to reject the application.

5.

I have heard both learned counsel, perused the charge-sheet and documents produced on record. The co-accused Ramesh Jadhav, Shubham Thosar and Yogesh Modak. have been released on bail by this Court. The allegations against Ramesh Jadhav and the present applicant are the same. Considering these facts, the applicant is entitled to bail on the principle of parity, and I pass following order:

ORDER

(i) The applicant be enlarged on bail inCrime No. 117 of 2022 registered with Vadgaon Maval Police Station, District Pune, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

(ii) The applicant shall attend the concerned police station as and when required.

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

The application is allowed in the aforesaid terms and is accordingly disposed of.

6.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

7.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)