Shubham Kailash Jadhav v. The State Of Maharashtra And Another

2026:BHC-AUG:1815 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 2536 OF 2025 SHUBHAM KAILASH JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER *** Advocate for Applicant : Mr. Sudarshan Salunke APP for Respondents-State : Mr. G. O. Wattamwar *** WITH BAIL APPLICATION NO. 12 OF 2026 NANDU POPAT JANRAO

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER *** Advocate for Applicant : Mr. Sudarshan Salunke APP for Respondents-State : Mr. G. O. Wattamwar *** WITH CRIMINAL APPLICATION NO. 56 OF 2026 IN BA/2536/2025 SHUBHAM KAILASH JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER *** Advocate for Applicant : Mr. Salunke Sudarshan J APP for Respondents-State : Mr. G. O. Wattamwar *** CORAM : SACHIN S. DESHMUKH, J.

Date : 14th January, 2026 ORDER :- 1.

The applicants have approached this Court seeking regular bail in connection with FIR dated 12.06.2025 bearing Crime

-2No. 297 of 2025, registered with Vaijapur Police Station, Dist. Aurangabad for the offences punishable under Sections 103(2), 118(1), 118(2), 109(1), 115(1), 351(1), 351(2), 352, 189(1), 191(1), 191(2), 190 and 191(3) of the Bhartiya Nyaya Sanhita, 2023.

2.

According to the prosecution, the incident occurred on 12.06.2025, between 5:30 pm and 6:00 pm. It is alleged that the accused, accompanied by two to three unidentified individuals, initiated a quarrel with the informant's cousin, Abrar Arif Shaikh, and his friends, Moin Muktar Shah and Shoib Asif Pathan. During the ensuing scuffle, the accused Gaurav allegedly stabbed Moin Shah with a knife, resulting in his death.

3.

The prosecution further alleges that while the other accused assaulted Abrar Shaikh with fists and kicks, Gaurav also stabbed Abrar, causing him serious injuries. Following these events, the crime was registered and the applicants were arrested on 13.06.2025. Upon completion of the investigation, the chargesheet was filed against all accused for the aforementioned offenses. 4.

The learned counsel for the applicant submits that the

-3applicants were arrested on 13.06.2025. The applicant has no criminal antecedents and is ready and willing to abide by any terms and conditions that may be imposed by this Court. The investigation is complete and the charge-sheet is also filed. Nothing remains to be recovered or discovered at the instance of applicant and, therefore, further incarceration of the applicant is not warranted. Moreover, the co-accused in the crime has also been enlarged on bail by this Court. Hence, the applicants are also entitled for bail on the ground of parity. As such, prayed to allow the application.

5.

The learned APP opposed the application submitting that the applicant was a member of an unlawful assembly having a common object to assault the informant. The present applicant actively participated in the assault. The further apprehension is expressed that the in the event, applicant is released on bail, he may threaten the informant and prosecution witnesses. Hence, prayed to reject the application.

6.

Considering the submissions of both the sides and perusing the material on record, including the charge-sheet, the prosecution prima facie attributes the stabbings to accused Gaurav.

-4Prima facie, the applicants are only alleged to have used fist and kick blows.

7.

The allegation against the present applicant of delivering fist and kick blows is general in nature. Considering the nature of the alleged assault, the question of whether the applicant shared a common intention prima facie to cause grievous hurt remains a matter of trial.

8.

The investigation of the case is complete and the charge-sheet is also filed. The alleged weapon and other articles in connection with alleged crime have been already recovered by the Investigating agency. Hence, nothing remains to be recovered or discovered at the instance of the applicant.

9.

Moreover, the co-accused Amit has already been enlarged on bail by this Hon'ble Court vide order dated 17.12.2025. As such, the continued incarceration of the applicants would be unjustified.

10.

Thus, no fruitful purpose would be served by keeping the applicants behind the bar and can be enlarged on bail. The

-5apprehension expressed by the learned APP about tampering the prosecution evidence, can be adequately taken care of by imposing stringent conditions. Hence, the following order :-

ORDER

(I) Applications are allowed.

(II) Applicants - Shubham Kailas Jadhav and Nandu Popat Janrao be released on regular bail on furnishing P.R. bond of Rs. 50,000/- (Fifty Thousand Only) each with one or two local solvent sureties in the like amount, in connection with Crime No. 297 of 2025, registered with Vaijapur Police Station, Dist. Aurangabad for the offences punishable under Sections 103(2), 118(1), 118(2), 109(1), 115(1), 351(1), 351(2), 352, 189(1), 191(1), 191(2), 190 and 191(3) of the Bhartiya Nyaya Sanhita, 2023, on the following conditions :- (a) The applicants shall attend each and every date of the Trial Court unless exempted by the Trial Court. (b) The applicants shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

(c) The applicants shall submit their Aadhar and Pan Card to the Investigation Officer and detailed addresses and phone numbers of applicant and two of the near relatives.

(d) Breach of any of the conditions by the applicants would entail the cancellation of the bail.

(III) Needless to states that the observations rendered herein are to the extent of this application and the trial court shall not be influenced by the same.

-6- (IV) Resultantly, pending criminal application also stands disposed of.

(V) In the event, the applicants fail to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel their bail, in accordance with law, without further referecne to this Court.

(SACHIN S. DESHMUKH, J.) Omkar Joshi