Akash Bhagorao Ranmale v. The State Of Maharashtra
1 ba 129.26 & ba 1681.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 129 OF 2026 Akash Bhagorao Ranmale, Age : 23 Years, Occu. : Education, R/o Gajanan Colony, Nanded, District Nanded.
.. Applicant
Versus
The State of Maharashtra .. Respondent Shri Satyajit S. Bora, Advocate for the Applicant. Shri N. R. Dayma, A.P.P. for the Respondent - State. WITH BAIL APPLICATION NO. 1681OF 2025 Suraj Sanjay Baswante, Age : 21 Years, Occu. : Education, R/o Pandurang Nagar, Bypass Road, Nanded, District Nanded.
.. Applicant
Versus
The State of Maharashtra .. Respondent Shri Mahesh K. Bhosale, Advocate for the Applicant. Shri N. R. Dayma, A.P.P. for the Respondent - State. CORAM : SHAILESH P. BRAHME, J.
DATE : 30TH MARCH, 2026.
FINAL ORDER :
.
Heard both sides. Applicants - Akash Bhagorao Ranmale and Suraj Sanjay Baswante are seeking enlargement on bail in
2 ba 129.26 & ba 1681.25 furtherance of offence bearing Cr. No. 272/2023 registered with Bhagyanagar Police Station, Dist. Nanded for the offences punishable U/Sec. 307, 326, 323, 504, 143, 147, 148, 149 r/w Sec. 34 of the Indian Penal Code r/w Section 4 and 25 of the Arms Act.
2.
Both of them are arrested on 21.07.2023. Charge sheet is filed on 12.10.2023.
3.
It is reported to the police by the informant that he received phone call on 20.07.2023 that his relative Trisharan Kailas Thorat was being assauled by unidentified persons and he was being taken to the hospital. It was disclosed by Trisharan that he was assaulted by three persons armed with swords. One of them tried to inflict blow on head, which was missed and landed on left wrist resulting into disarticulation. Another blow was given on leg by the sword and the assailents fled away. 4.
Learned counsel for the applicants would submit that the assault was by unindentified perons and the applicants are falsely implicated in it. It is submitted that only single blow was given on the left hand, which is not vital part of the body. The medical certificate shows only one grievous injury by sharp weapon. The injuries would not correspond to prosecutions theory. It is submitted that statement of the injured Trisharan is inconsistent with the first information report and the medical evidence. It is submitted that only two witnesses are examined
3 ba 129.26 & ba 1681.25 out of 25 and the trial is not liekly to be concluded in a near future.
5.
Learned Assistant Public Prosecutor submit that already application of applicant - Akash Ranmale was permitted to be withdrawn vide order dated 15.07.2024. One Mohammad Asad Mohammad Rafiq is eye witness, who provides account of assault by sword. It reveals that applicant Suraj Baswante inflicted major blow by sword, which resulted into disarticulation of the writst. There is recovery of weapon at the instance of Suraj and dagger at the instance of Akash.
6.
I have gone through the first information report, statements of the witnesses, especially that of eye witness Mohmmad Asad Mohammad Rafiq and the supplementary statements also. First information report discloses that three persons assaulted Trisharan and they were armed with weapons. One of them tried to inflict blow on head, but it landed on left wrist resulting into amputation. Further blow was given on leg by sword. There is no reference of another assault by dagger. The statement of eye witness Md. Asad shows only one blow was given by the sword on the wrist, resulting into amputation. There is no reference of any further blow either by sword or dagger. The statement of the eye witness is at variance with the first information report. But a specific role is attributed to applicant - Suraj, who is the author of major blow.
4 ba 129.26 & ba 1681.25 7.
The medico legal certificate also shows disarticulation of the left wrist by sharp object. There is clinching material on record to show that applicant - Suraj is the author of blow inflicted by sword. I find that the allegations attributed to the applicants Akash and Suraj are distinct. It is not appropriate to grant any relief to Suraj. The recovery of sword is at his instance.
8.
As far as applicant - Akash is concerned besides his presence, no active role is attributed to him. The recovery of dagger at his instance is inconsistent with the prosecution story. The trial is not likely to be concluded because only two witnesses are examined out of 25. I am inclined to grant relief to applicant - Akash Bhagorao Ranmale.
9.
In view of above Bail Application No. 1681 of 2025 of applicant - Suraj Sanjay Baswante is rejected. 10.
Bail Application No. 129 of 2026 is allowed. I, therefore, pass following order.
O R D E R
A.
Applicant - Akash Bhagorao Ranmale shall be released on bail in respect of Cr. No. 272/2023 registered with Bhagyanagar Police Station, Dist. Nanded for the offences punishable U/Sec. 307, 326, 323, 504, 143, 147, 148, 149 r/w Sec. 34 of the Indian Penal Code r/w Section 4 and 25 of the Arms Act on condition of
5 ba 129.26 & ba 1681.25 furnishing P. R. bond of Rs. 30,000/- (Rs. Thirty thousands only) with one solvent surety of like amount.
B.
The applicant shall not tamper with prosecution evidence or contact with the prosecution witnesses.
C.
The applicant shall surrender his Aadhar and Pan cards to the Investigating Officer.
D.
Bail application is disposed of.
[ SHAILESH P. BRAHME J. ] bsb/March 26