Sharad Uttam Ahire v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4842 OF 2025 Sharad Uttam Ahire ... Applicant

Versus

The State Of Maharashtra ... Respondents ________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.02.03 15:37:24 +0530 NILAM SANTOSH KAMBLE Mr.Prashant Trivedi i/b Ms.Khorba Jain, for the Applicant. Mr.S.S. Pednekar, APP for Respondent-State.

Mr.Chandrakant A. Pawar, Police Constable, Deola Police Station. ________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 30th JANUARY, 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.304 of 2023 registered with Deola Police Station, Nashik, for the offences punishable under Sections 143, 147, 148, 149, 326, 324, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short).

2.

It is prosecution's case that on 31st October 2023, around 1.30 p.m., the Applicant and co-accused assaulted real brother, wife,

nephew and niece of the First Informant with iron rod and wooden stick with an intention to kill them.

3.

It is contention of learned counsel for the Applicant that the co-accused having similar allegations have been released on bail. The Applicant has no antecedents. The Applicant is behind bars for more than 11 months. There is no progress in trial, and requested to allow the Application.

4.

It is contention of learned APP that the Applicant and coaccused assaulted the real brother, wife and family members of the First Informant. The injuries are grievous in nature. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses. The Applicant was absconding for one and half year, 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 eleven months. There is no progress in trial. The Applicant has no antecedents. The co-accused having similar allegations have been released on bail. Hence, the Applicant is entitled for bail on principle of parity and I pass

following order.

ORDER

(i) The Applicant-Sharad Uttam Ahire be released on bail in Crime No.304 of 2023 registered with Deola 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 tamper with the evidence and/or influence the prosecution witnesses.

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

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

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