Kalpana Dilip Harale v. The State Of Maharashtra And Others

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 73 BAIL APPLICATION NO. 62 OF 2026 WITH CRIMINAL APPLICATION NO. 413 OF 2026 IN BA/62/2026 1.

Mahadev Ravan Harale 2.

Shahaji s/o Ravan Harale ....Applicants

VERSUS

The State of Maharashtra .....Respondent Mr. V. B. Deshmukh, Advocate for Applicants.

Mr. P. P. Davalkar, APP for the State.

Mr. A. S. More, Advocate for the informant.

CORAM : SACHIN S. DESHMUKH, J.

DATE : 9th FEBRUARY, 2026.

PER COURT :

1.

Learned Counsel Mr. More seeks permission to assist learned APP.

2.

Permission granted. Criminal Application No. 413/2026 is allowed.

3.

Applicants seek regular bail in connection with Crime No. 35/2025 registered with Dharashiv Rural Police Station, Dist. Dharashiv, for the offences punishable under Sections 103(1), 109,

- 2 - 118(1), 115(2), 61(1), 352, 189(2), 191(2), 191(3), 190 of Bharatiya Nyaya Sanhita.

4.

The case of prosecution is that on 02.02.2025 at about 12.00 noon, when deceased/father-in-law of the informant was returning home co-accused Keshav assaulted on head with the help of a rod. As a result of which, the deceased sustained bleeding injury and fell on the ground. It is further alleged that Applicant Mahadev assaulted the deceased with the help of a stick on limbs. Co-accused Vaishnavi, Rajubai and Sahadev assaulted deceased with the help of a stone, stick and with fists and kicks. Immediately thereafter, the deceased felt unconscious. Informant along with her son shifted the deceased to Government Hospital. Further, he was referred to Ashwini Rugnalaya, Solapar, where he succumbed to the injuries. On the basis of these allegations, First Information Report came to be lodged.

5.

Learned Counsel for the Applicants submits that the Applicants are falsely involved in the crime. There are omnibus allegations against the Applicants and no specific role is attributed against them. Applicants were arrested on 23.06.2025 and

- 3 - 22.06.2026 respectively. Investigation in the crime is complete and charge-sheet is filed. Hence, further incarceration of the Applicants is not warranted.

6.

Learned APP and learned Counsel for the informant vehemently opposed the application submitting that the offence is serious in nature. The father-in-law of the informant has lost life in the incident. An apprehension is also expressed that if the Applicants are enlarged on bail, there is every possibility of tampering prosecution evidence. Hence, prayed to reject the application. 7.

Upon considering submissions of both sides and on perusal of the record, including charge-sheet, when this Court was not inclined to grant relief in favour of Applicant No. 1 Mahadev, learned Counsel for the Applicant, on instructions, seeks leave to withdraw the application to the extent of Applicant No. 1 Mahadev Ravan Harale. 8.

Leave granted. Applicant stands dismissed as withdrawn qua Applicant No. 1 Mahadev Ravan Harale .

- 4 - 9.

On perusal of record, it is prima facie evident that no specific role is attributed against Applicant Shahaji in the First Information Report as such it is a case of over implication. Investigation in the crime is complete for all purpose and intent. Resultantly, chargesheet is filed. Applicant Shahaji is behind the bar since 5 months. Considering the number of witnesses which the prosecution is likely to examine, the trial is unlikely to conclude within a reasonable period. In that view of the matter, I am inclined to exercise discretion in favour of Applicant No. 2 Shahaji s/o Ravan Harale. 10.

Hence, the following order :-

ORDER

(i) Application is partly allowed to the extent of Applicant No. 2 Shahaji s/o Ravan Harale.

(ii) Application stands dismissed qua Applicant No. 1 Mayur s/o Ravan Harale as withdrawn.

(ii) Applicant No. 2 Shahaji s/o Ravan Harale , be released on bail, on furnishing P.R. bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) with one or two local solvent sureties, in the like amount, in connection with Crime No. 35/2025 registered with Dharashiv Rural Police Station, Dist. Dharashiv, for the offences punishable under Sections 103(1), 109, 118(1), 115(2), 61(1), 352, 189(2), 191(2), 191(3), 190 of Bharatiya Nyaya Sanhita., on the following conditions :-

- 5 - (a) The Applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.

(b) The Applicant shall attend the trial on each and every date unless exempted by the Trial Court and shall not leave the area of jurisdiction of the concerned Police Station till conclusion of the trial.

(c) The Applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers of the Applicant and two of the near relatives.

(d) In case of breach of any of the conditions by the Applicant, it is open for the prosecution to move this Court seeking cancellation of bail.

(iii) Needless to state that, nothing stated hereinabove shall be construed as an expression on merits of the case. Learned Trial court shall proceed independently and uninfluenced by the observations made hereinabove.

(SACHIN S. DESHMUKH, J.) dyb