Ajay Raju Bhosale v. State Of Maharashtra
Shivgan 5- ba-4674-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4674 OF 2025 Ajay Raju Bhosale ...Applicant
Versus
State of Maharashtra
...Respondent
Mr. Osman A. Chishty, i/b Ashok A. Rao & Jivan Hiwrale, for the Applicant.
Ms. Megha S. Bajoria, APP for the Respondent-State. Mr. Suresh Patil, PSI attached to Ghatkopar Police Station, present.
CORAM
DR. NEELA GOKHALE, J.
DATED:
17TH DECEMBER 2025 PC:- 1.
By this Application, the Applicant seeks his enlargement on bail in connection with FIR No. 1060 of 2024 dated 18th September 2024 registered with the Ghatkopar Police Station, Brihanmumbai City for the offences punishable under Sections 103(1), 109, 115(2), 351(3), 189(2), 189(4), 191(2), 190, 61(2), 111 of the Bharatiya Nyaya Sanhita, 2023 ('BNS'); Sections 4 and 25 of Arms Act, 1959 and Sections 37(1)(a)
Shivgan 5- ba-4674-2025.doc and 135 of the Maharashtra Police Act, 1951. There are in all 12 accused; the Applicant is Accused No.8. Out of 12 accused, 7 accused have been enlarged on bail by this Court and the learned Sessions Court.
2.
The case of the prosecution, in brief, is that one Prathamesh Sanjay Gotal is the First Informant, who resides with his family in Pitamah Ramji Nagar, Bhatwadi, Ghatkopar (West), Mumbai. It is stated that the First Informant and his family members were witnesses in a murder case of one Sushil Sonawane. The accused in that murder case are some of the accused in the present case. Hence, on this ground, there exist some enmity between the First Informant and his family members and the accused in the present C.R. It is alleged that on 17th September 2024, at around 6.30 p.m. when the First Informant went to the house of his friend to collect the laptop and charger, he was informed that his brother was being assaulted by some of the accused. It is alleged that Jay @ Yusuf Ansari assaulted First Informant's brother Paresh with
Shivgan 5- ba-4674-2025.doc sword on his back and Tausif stabbed him in the stomach and armpit with a knife. Other co-accused including the Applicant and other unidentified persons assaulted Paresh with fists and blows and another co-accused Nikhil Kamble hit him with a brick. When the First Informant intervened, he was also beaten up. Unfortunately, Paresh succumbed to his injuries during the course of his treatment, while the First Informant suffered some injuries. The First Informant gave his statement in the hospital on the basis of which, the FIR came to be registered. Pursuant to which the Applicant and the coaccused were also arrested on 19th September 2024. 3.
The Applicant made an application seeking bail before the Additional Sessions Judge, Greater Bombay. However, by order dated 16th October 2025, his bail application was rejected. Hence, the Applicant is before this Court for the reliefs as prayed.
4.
Mr. Osman Chishty, learned counsel appearing for the Applicant, at the very outset, draws my attention to order
Shivgan 5- ba-4674-2025.doc dated 10th September 2025 passed in the bail application preferred by co-accused, Karan Ganesh Shinde and Prafulla Vasant Davade and order dated 27th November 2025 passed in bail application preferred by co-accused, Jitesh Ram Khairnar. By way of these orders, the Sessions Court has enlarged the the aforesaid co-accused on bail.
5.
I have perused the said orders. The role attributed to the Applicant is similar and identical to the role attributed to the co-accused Karan Ganesh Shinde, Prafulla Vasant Davade and Jitesh Ram Khairnar. The FIR clearly reveals that the Applicant along with the co-accused, who were released on bail, have beaten up the deceased and the First Informant with fists and blows. They did not possess any weapon. 6.
In these circumstances, only on the principle of parity, I am inclined to enlarge the Applicant on bail and it is directed as under:
Shivgan 5- ba-4674-2025.doc
ORDER
I.
The Applicant be released on bail on executing P.R. Bond of Rs.25,000/- with one or two solvent sureties in the like amount.
II.
The Applicant shall report to the Ghatkopar Police Station on first Monday of every month between 10:00 a.m. to 12:00 noon, until further orders.
III.
Applicant shall not tamper with the evidence or attempt to influence any witness.
IV.
Applicant shall appear before the Court on every date of hearing unless prevented by sufficient cause. V.
Applicant shall not leave the territorial jurisdiction of this Court without prior permission.
VI.
Applicant shall not indulge in any criminal activity during the pendency of the trial.
Shivgan 5- ba-4674-2025.doc VII.
Breach of any condition would entail cancellation of bail forthwith.
7.
The Bail Application is allowed in the above terms and is accordingly, disposed of.
8.
It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein. (DR. NEELA GOKHALE, J) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:
2025.12.17 19:26:22 +0530 SHAMBHAVI NILESH SHIVGAN