Sukhdev Ananda Bhosale v. The State Of Maharashtra

2026:BHC-AUG:7328 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.166 OF 2026 Sukhdev s/o Ananda Bhosle ... APPLICANT

VERSUS

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

Mr. S.M. Nannaware, Advocate for applicant Mr. D.B. Bhange, A.P.P. for respondent - State .......

CORAM : SACHIN S. DESHMUKH, J.

DATE : 17th FEBRUARY, 2026 PER COURT :

1.

The applicant seeks release on regular bail in connection with Crime No.527/2025, registered with Bidkin Police Station, District Chhatrapati Sambhajinagar for the offences punishable under Sections 109, 189(2), 191(2), 191(3), 190, 351(2), 238 of the Bhartiya Nyaya Sanhita, 2023. 2.

The prosecution case is that, on 26/8/2025 at about 7.30 p.m., when the informant along with her children were present

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in the house, as there was noise of quarrel in front of house of her elder brother-in-law, she along with her three children went towards the house of her brother-in-law. At that time, abuses were being taken places between the present applicant and Chetan, son of her brother-in-law. The applicant was holding an axe in his hand. It is alleged that, the applicant gave blow of axe on the head of Bhishm and caused bleeding injury.

3.

When the informant along with her sister went to rescue the quarrel, the applicant gave blow of axe on the head of the informant, therefore, she sustained bleeding injury and she felt giddiness, therefore she sat down. Her children intervened to rescue her and asked the applicant not to assault. At that time, the accused Baban came running there holding a knife in his hand. The accused Baban gave knife blow on the right hand palm of the informant and followed her children to assault them. The accused Sagar was holding iron bar and rushed towards the sister of the informant and gave blow on her right leg. Accused Shivaji assaulted Chetan on head, back, leg and caused injuries to him. The accused Latabai assaulted the brother-in-law of the informant by stick whereas other accused Swati hit a stone on the back of the informant . The accused Archana hit the son of the informant by

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wooden stick.

4.

Learned counsel for the applicant submits that, the applicant has been falsely implicated in the present case. The incident occurred at the spur of moment and the same was not premeditated. The other accused are enlarged on bail. The injured have been have been discharged from the hospital. As such, further incarceration of the applicant is unwarranted. Hence, prayed to allow the application.

5.

Per contra, learned A.P.P. vehemently opposed the application, contending that, the complicity of the present applicant is evident. The applicant armed with an axe and inflicted blows with axe. The injured has sustained grievous injury, which disentitles the applicant for bail.

6.

Having heard the learned counsel for the respective sides and upon perusal of the material on record including charge sheet, indicates that, the applicant is in custody since his arrest on 11/9/2025 i.e. for a period of 5 months. Further, perusal of the F.I.R. indicates that the alleged incident appears to have occurred in spur of moment. Moreover, the injured persons have been discharged from the hospital. Also, the applicant has no criminal

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antecedents to his discredit. As such, the possibility of recidivism is unlikely. Even on the ground of parity, the applicant deserves to be admitted to bail.

7.

Nevertheless, the investigation is complete for all intents and purposes and nothing is to be recovered at the instance of the applicant. Considering the number of witnesses the prosecution seeks to examine, the trial is unlikely to conclude within a reasonable period. As such, further detention of the applicant may amount to punitive detention. Therefore, I am inclined to exercise discretion in favour of the applicant, however, by imposing stringent conditions.

8.

Hence the order :

O R D E R

(i) Bail Application is allowed.

(ii) The applicant Sukhdev Ananda Bhosale be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount in the above crime, on the conditions that :

(a) The applicant shall not tamper with the prosecution witnesses in any way.

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

(c) The applicant shall not enter the jurisdiction of Bidkin Police station till conclusion of the trial, except on the dates of trial.

(iii) Needless to state that, the observations rendered herein are confined to the present application, and the trial Court shall decide the trial on its own merits and in accordance with law.

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