Akshay Shivaji Gund v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2301 OF 2025 Akshay Shivaji Gund .... Applicant

Versus

The State of Maharashtra .... Respondent Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.08.26 12:17:33 +0530 SHANTANU SHANKARSA DHUDUM ----- Ms. Bhagyashri Mangale, Advocate for the Applicant. Mr. S. H. Yadav, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 25th AUGUST, 2025.

P.C. :

1.

By this application, the Applicant is seeking anticipatory bail.

2.

The Applicant is apprehending arrest in Crime No. 249 of 2025 registered with Karmala Police Station, Tal. Karmala, Dist. Solapur for the offences punishable under Sections 118(2), 118(1), 351(2), 352, 189, 190, 191, 115(2) of the Bhartiya Nayaya Sanhita, 2023 (for short, "BNS Act").

3.

It is prosecution's case that on 2nd April, 2025 because of earlier quarrel the Applicant and co-accused assaulted the deceased Shantanu S. Dhudum 1/3

with iron rod and wooden stick with intention to kill him. 4.

It is contention of learned counsel for the Applicant that the Applicant is entitled for bail on principle of parity as this Court (Coram: Ashwin D. Bhobe) vide order dated 3rd June, 2025 has granted Anticipatory Bail to Ramdas Chandrahar Shinde and Natha Chandrahar Batkharbar against whom the same allegations are levelled like the Applicant.

5.

The learned APP fairly submitted that the role alleged to accused Natha Chandrahar Batkharbar and Applicant are same, and requested to pass appropriate order.

6.

I have heard both learned counsel, perused F.I.R. and documents produced on record.

7.

The co-accused Natha Chandrahar Batkharbar has been released on Anticipatory Bail by this Court (Coram: Ashwin D. Bhobe) vide order dated 3rd June, 2025 against whom the same allegations are levelled like the Applicant. Considering this fact, the Applicant is entitled Anticipatory Bail on the ground of principle parity, and I pass following order.

ORDER

i. The Application is allowed.

Shantanu S. Dhudum 2/3

ii. In the event of arrest, the Applicant be released on bail in Crime No.249 of 2025 registered with Karmala Police Station, Dist. Solapur, on furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount.

iii. The Applicant shall not contact and/or threaten/influence any witnesses in the present crime.

iv. The Applicant shall mark his attendance with the concerned police station on Monday of each week between 11:00 a.m. to 2:00 p.m. till framing of charge.

v. The Applicant shall remain present before the concerned Police Station as and when required. vi. The trial Court shall not be influenced by the observations made in this order and shall decide the matter on its own merit and in accordance with law. 8.

In view of the above, the applications stands disposed of. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 3/3