Akshay Baban Ohol v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4913 OF 2025 Akshay Baban Ohol ...Applicant Vs.

State of Maharashtra ....Respondent _________________________________________________________________ VAISHALI ANIL by VAISHALI ANIL TIKAM Date: 2026.04.09 17:48:05 +0530 Mr. Vaibhav Kulkarni, Advocate for Applicant. Mr.P.P. Jadhav, APP for Respondent-State.

Mr. Manoj Mohite, Senior Advocate i/by Ilsa Shaikh, Advocate for Respondent No.2.

PSI P.H. Parkhe , Shirgaon Parandvadi Police Station, Pune present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 7th APRIL, 2026.

P.C. :

1.

Heard learned counsel for the Applicant, learned APP and learned counsel for Respondent No.2.

2.

By this Application, the Applicant is seeking regular bail in Crime No. 96 of 2023 registered with Shirgaon Parandvadi Police Station, Pune for the offence punishable under Sections 302, 120(B), 212, 109, 201 r/w. 34 of the Indian Penal Code, 1860 ('IPC') and under Sections 37, 37(1) r/w. 135 of the Maharashtra Police Act, 1959, under Sections 4(27) of the Arms Act. and under Sections 3(1) (i), (ii), 3(2), 3(3) and 3(4) of the MCOCA, 1999.

3.

It is prosecution's case that on 01/04/2023 around 9 to 9.30 p.m. co-accused murdered brother of the first informant by assaulting him

with sharp weapons on the ground of old dispute. The allegations against the Applicant are that after the incident, Applicant harboured the coaccused and helped to destroy the blood stained clothes of the co-accused. 4.

It is contention of learned counsel for the Applicant that Applicant is behind bars around three years. There is no progress in the trial. The Hon'ble Apex Court has released accused no.6- Nikhil Dilip Balwadkar, who helped the co-accused to flee from the incident spot. The Applicant has no antecedents and requested to allow the application. 5.

It is contention of learned APP along with learned Senior Counsel for the first informant-Respondent No.2 that Applicant was aware that co-accused had committed murder of deceased, in spite of that, he harboured them and helped them to destroy clothes used in the crime, which shows active involvement of the applicant in crime. Learned Senior Counsel further submitted that the applicant was part of conspiracy to kill the deceased. If applicant is released on bail, he may abscond or threaten prosecution witnesses. Learned APP submits that Applicant has given statement under Section 18 of the MCOC Act stating that he had helped the co-accused and requested to reject the application. 6.

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

7.

The allegations against the Applicant to harbour the co-accused,

who murdered the deceased and helped them to destroy the clothes. To prove the charge of conspiracy, evidence is required. Applicant is behind bars around three years. The Hon'ble Apex Court has released co-accused on the bail, who is having similar allegations. The Applicant has no antecedents. It may take time to conclude the trial. 8.

Considering these facts, I pass following order.

ORDER

(i) The Applicant- Akshay Baban Ohol be released on bail in Crime No. 96 of 2023 registered with Shirgaon Parandvadi Police Station, Pune, 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 not enter in the jurisdiction of Shirgaon Parandvadi Police Station, Pune till framing of charge. (v) The Applicant shall attend the concerned police station, as and when required.

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