Nitin Dinkar Pawar v. The State Of Maharashtra And Another

2026:BHC-AUG:12773

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 BAIL APPLICATION NO. 205 OF 2026 NITIN DINKAR PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Patil Vinod Prakash. PP for Respondent/s-State : Mr. A. R. Kale.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 25.03.2026 PER COURT :- 1.

Heard both sides.

2.

The applicant is seeking bail in respect of offence bearing Crime No.154 of 2024, registered with Marwad Police Station, District Jalgaon, for the offences punishable under Sections 103(1), 352, 351(1), 189(1), 191(1), 191(3), 190 read with Section 3(5) of the B.N.S. and Section 37(1)(3) and 135 of the Maharashtra Police Act.

3.

The applicant is arrested on 03.11.2024. Charge-sheet is filed on 09.01.2025. It is alleged that on 02.11.2024, the informant found that his deceased brother Vikas was being confronted by the accused persons including present accused at Gandhli. Informant intervened and rescued his brother. Immediately thereafter, the further incident took place at

Amalgaon when deceased was being chased by a four wheeler and persons armed with sticks on two wheelers. Two wheeler of the deceased was ran over and thereafter he was assaulted by iron rod and sticks.

4.

Learned counsel for the applicant submits that no specific role is attributed to the applicant. There are no criminal antecedents. There is no reason to detain the applicant behind bar as investigation is over. 5.

Per contra, learned Public Prosecutor submits that applicant is involved in a serious case. There are in all three eye witnesses who are consistent in saying the presence of the accused. It's a case of unlawful assembly. Therefore, the members of the assembly is equally responsible. 6.

I have gone through First Information Report and the statements of Ajit and Samadhan, who are stated to be eye witnesses. No specific role is attributable to the applicant. There is no allegation that he was armed with weapon and assaulted the deceased, albeit his presence is seen at the relevant time. No criminal antecedents are reported against him. I find that there is no point and purpose in keeping him behind bar any further. I, therefore, pass the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant NITIN DINKAR PAWAR shall be released on bail in respect of Crime No.154 of 2024, registered with Marwad Police Station, District Jalgaon, for the offences punishable under Sections 103(1), 352, 351(1), 189(1), 191(1), 191(3), 190 read with Section 3(5) of the B.N.S. and Section 37(1)(3) and 135 of the Maharashtra Police Act on furnishing P. R. bond of Rs.25,000/- (Rupees twenty five thousands only) with one solve surety of like amount on the following conditions :

(a) The applicant shall not contact the prosecution witnesses or tamper the prosecution evidence.

(b) The applicant shall co-operate the Investigating Officer for furnishing any information, if required.

(iii) Bail application is disposed of accordingly.

(SHAILESH P. BRAHME, J.) ...

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