Akshay Suresh Pawar v. The State Of Maharashtra And Another

2026:BHC-AUG:16262

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 BAIL APPLICATION NO. 433 OF 2026 Akshay Suresh Pawar, Age 30 years, Occ. Agriculture, R/o. Khandala Tq. Vaijapur, Dist. Chhatrapati Sambhajinagar (Aurangabad) ...

Applicant

VERSUS

1) The State of Maharashtra, and another ...

Respondent.

...

Advocate for Applicant : Mr. Salunke Sudarshan J. Addl.P.P. for Respondent/State : Mr. A. R. Kale

CORAM

: SHAILESH P. BRAHME, J.

DATE : 16.04.2026 PER COURT :

Heard both sides.

2.

The applicant is seeking regular bail in connection with Crime No. 297/2025, registered with Vaijapur Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 103(2), 118(1), 118(2), 109(1), 115(1), 351(1), 351(2), 352, 189(1), 190, 191(1), 191(2), 191(3) of Bharatiya Nyaya Sanhita, 2023.

3.

It is alleged that on 12.06.2025 there was quarrel between cousin of the informant and the accused persons at village Khandala. Informant and his companion were abused on the religion. A fight took place. Moin, Shoyab and the informant were assaulted. Moin succumbed to the injuries. The allegations against the applicant that he assaulted Shoyab by knife on the forearm.

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4.

Learned counsel for the applicant submits that the assault attributed to the applicant is on forearm, which is not a vital part of the body. The injuries are simple in nature. There are no criminal antecedents. A vital blow was given by Gaurav, who is behind bars. 5.

The applicant is arrested on 14.06.2025 and the charge-sheet has been filed.

6.

Per contra, learned A.P.P. submits that there are eye witnesses who are consistent with the prosecution case. Their statements under Section 183 corroborate the case. The injuries, which can be seen from the Medico Legal Certificates correspond to the allegations levelled against the applicant and co-accused.

7.

I have gone through the F.I.R., statement of eye witnesses under Section 181 and 183. Only allegation, which can be attributable to the applicant is assault by knife on Shoyab on his forearm. It cannot be said to be an assault on vital part of the body. The Medico Legal Certificate show two injuries on the forearm, which are simple in nature. Prima facie there is no material to indicate that there was any mens rea to eliminate anybody from the opposite group.

8.

The applicant is behind bars since 14.06.2025. No antecedents are reported against him. He is entitled to be released on bail. 9.

The Bail Application is allowed.

10.

The applicant Akshay Suresh Pawar shall be released on bail in connection with Crime No. 297/2025, registered with Vaijapur Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 103(2), 118(1), 118(2), 109(1), 115(1), 351(1), 351(2), 352, 189(1), 190, 191(1), 191(2), 191(3) of Bharatiya Nyaya Sanhita, 2023 on following conditions:

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(a) The applicant shall furnish P.R. bond of Rs. 15,000/- (Rs. Fifteen Thousand 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 furnish his mobile/cell number and address to the investigating officer.

(d) The applicant shall cooperate in expeditious disposal of the trial.

(e) The applicant shall not indulge in similar types of activities in future.

11.

Bail application is disposed of.

( SHAILESH P. BRAHME, J.) mkd/- 3/3