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Bombay High CourtBA/463/2026application allowed

Vijay Vddhav Bhamre v. The State Of Maharashtra

2026-03-25Hon'Ble Shri Justice Shailesh P. Brahme4 pages

2026:BHC-AUG:12945

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 BAIL APPLICATION NO. 463 OF 2026 VIJAY UDDHAV BHAMRE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocates for Applicant : Mr. Deshpande Jagdish V., Mr. Dudhate Shivaji Namdevrao.

APP for Respondent/s-State : Mr. G. O. Wattamwar. ...

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.81 of 2026, registered with Shahada Police Station, District Nandurbar, for the offences punishable under Sections 109, 115(2), 352, 3(5) of B.N.S. and Section 4, 25 of Arms Act.

3.

Applicant is arrested on 23.01.2026. Charge-sheet is filed on 18.03.2026. It is informed that filing of the chargesheet is not intimated to the learned counsel for the applicant. 4.

Learned APP has pointed out and has tendered on record a copy of charge-sheet to assist this Court. Filing of the charge-

sheet is disclosed after the matter is being argued. It would not be appropriate now to relegate the parties to the Sessions Court.

5.

A report is lodged against the applicant that he was indulging in sending indecent messages on the social media extending threats and abuses to the informant. On 23.01.2026 he is alleged to have attempted to strangulate informant and attempted to inflict blow by sickle.

6.

Learned counsel for the applicant submits that the injuries are not serious in nature. There is no mens rea and any premeditation in committing offence. The implication is due to the rivalry.

7.

Learned APP submits that the injury certificate corroborates the prosecution story. There are eye witnesses. The investigation papers show obscene messages sent by the applicant. Besides that, a CCTV footage is also available. It is contended that there is recovery of sickle and the weapon report is compatible.

8.

Considering the First Information Report and the statements of the eye witnesses, I find that presence of the applicant at the spot of the incident cannot be denied. It

cannot be said that there is any mens rea for committing major offence. The incident took place on road and though the allegations are about use of weapon, no premeditation can be inferred.

9.

Learned APP has adverted my attention to the criminal antecedents of the applicant from the communication made to him by the Investigating Officer. The offences are registered against the applicants. The activities are detrimental to the society. The injury certificate also shows multiple injuries including fracture to nasal bone. However, the injury on the left hand is absent. The material against the applicant is not adequate enough to deny bail. I propose to impose certain conditions. I, therefore, pass the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant VIJAY UDDHAV BHAMRE shall be released on bail in Crime No.81 of 2026, registered with Shahada Police Station, District Nandurbar, for the offences punishable under Sections 109, 115(2), 352, 3(5) of B.N.S. and Section 4, 25 of Arms Act on furnishing P. R. bond of Rs.70,000/- (Rupees seventy thousands only)

with one solvent surety of like amount on the following conditions :

(a) The applicant shall not tamper the prosecution evidence and the witnesses in any manner.

(b) The applicant shall desist from using the social platform for sending or circulating the indecent messages till conclusion of the trial. (c) 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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