Baban Ashok Shinde And Others v. The State Of Maharashtra

2026:BHC-AUG:4166 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.53 OF 2026

1. Baban s/o Ashok Shinde,

2. Akash s/o Baban Ashok Shinde,

3. Moksh s/o Ganesh Shinde,

4. Ankush s/o Ashok Shinde ... APPLICANTS

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. A.L. Kanade, Advocate for applicants Mr. D.B. Bhange, A.P.P. for respondent - State, assisted by Mr. M.S. Karad, Advocate for complainant .......

WITH CRIMINAL APPLICATION NO.355 OF 2026 IN BAIL APPLICATION NO.53 OF 2026 Samina Shakil Sayyed ... APPLICANT

VERSUS

Baban s/o Ashok Shinde & ors.

... RESPONDENTS .......

Mr. A.L. Kanade, Advocate for applicant Mr. M.S. Karad, Advocate for respondents No1. to 4 Mr. D.B. Bhange, A.P.P. for respondent No.5 - State .......

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CORAM : SACHIN S. DESHMUKH, J.

DATE : 30th JANUARY, 2026 PER COURT :

Criminal Application No.355/2026 is allowed. The original complainant is permitted to assist learned A.P.P. 2.

By this application, the applicants seeking release on regular bail in connection with Crime No.752/2025, registered with Vaijapur Police Station, District Chhatrapati Sambhajinagar for the offences punishable under Sections 3(5), 351(3), 351(2), 352, 115(2), 118(1), 109, 109(1) of the Bhartiya Nyaya Sanhita. 3.

The prosecution case is that, on 26/12/2025 at about 9.30 a.m. when the complainant along with her relatives were in the house, the applicant accused No.1 arrived in front of her house and threatened her that if Ashpak and Arbaj reach in their lane, they will fracture their legs and hands and started abusing and threatening to kill them. The informant gave him understanding and thereafter the applicant went away from there. It is alleged that at about 10.00 a.m., the applicant accused Nos.2 and 3 came in front of her house and abused Arbaj and Arshad and fled away. Thereafter Arbaj and Arshad had been to their house to give them

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understanding. At that time, the applicant accused Nos.1 and 2 assaulted them by iron rod, due to which both of them sustained grievous injuries and the applicants No.3 and 4 assaulted them by fists and kicks and abused them and threatened to kill them. 4.

Learned counsel for the applicants submits that, the incident occurred on the spur of moment and there is counter F.I.R. bearing No.753/2025, and the accused persons therein have been granted bail by this Court by order dated 28/1/2026 in view of settlement of the dispute by the parties. In any case, now the litigating sides have resolved the dispute and they have arrived at settlement and as such, prayed to allow the bail application. Mr. Karad, learned counsel for the informant, confirms the same. 5.

After having heard the learned counsel for both the sides and considering the nature of injuries which are simple in nature. In any case, the parties are resolute to resolve the dispute. Apart from aforestated aspect, the investigation is complete for all intents and purpose. The accused persons in the counter F.I.R. have been granted bail by this Court in Bail Application No.49/2026, by order dated 28/1/2026. Therefore, further incarceration of the applicants is unjustified. In that view of the matter, the bail application deserves to be allowed. Hence the

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order :

O R D E R

(i) Bail Application is allowed.

(ii) The applicants Baban s/o Ashok Shinde, Akash s/o Baban Ashok Shinde, Moksh s/o Ganesh Shinde, and Ankush s/o Ashok Shinde be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand) each with one solvent surety of the like amount by each of them in the above crime, on the conditions that :

(a) The applicants shall not tamper with the prosecution witnesses.

(b) The applicants shall remain present on each date, unless exempted by the trial Court.

(iii) Needless to state that, the observations rendered herein are confined to the present application, and the trial Court shall not be influenced by the same.

(SACHIN S. DESHMUKH, J.) fmp/-