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Bombay High CourtBA/474/2026application allowed

Ajit Bajirao Nikse And Another v. The State Of Maharashtra

2026-03-25Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2026:BHC-AUG:12869 1 ba 474.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 474 OF 2026 1.

Ajay S/o Bajirao Nikse, Age : 22 Years, Occu. : Agril.

R/o Bhortak, Tq. Bhadgaon, Dist. Jalgaon.

2.

Sandip S/o Raju Mahajan, Age : 33 Years, Occu. : Agril., R/o Bhortak, Tq. Bhadgaon, Dist. Jalgaon.

.. Applicants

Versus

The State of Maharashtra .. Respondent Shri V. D. Hon, Senior Advocate i/by Shri Ashwin V. Hon, Advocate for the Applicants.

Shri A. R. Kale, Addl.P.P. for the Respondent - State. CORAM : SHAILESH P. BRAHME, J.

DATE : 25TH MARCH, 2026.

FINAL ORDER :

.

Heard both sides. Applicants are seeking enlargement on bail in respect of offence bearing Cr. No. 433/2025 registered with Bhadgaon Police Station, Tq. Bhadgaon, Dist. Jalgaon for the offences punishable U/Sec. 109(1), 127(2), 118(1), 189(2), 296, 191(2), 190, 352, 351(3) of the Bhartiya Nyaya Sanhita. 2.

It is reported by the informant that on 28.11.2025, when he and his co-victim - Vasimbhai were on their way from Bhortak to

2 ba 474.26 Jalgaon, they were abused and assaulted by unknown persons. Applicants names are not mentioned in the report dated 29.11.2025. A day prior to that a lady informant from village Bhortak lodged a report against informant and Vasimkhan that when she was in her house a person tress passed and outraged her modesty. He and his companion were caught by the villagers and bet them. In the said report also there is no mention of applicants' names.

3.

Learned senior counsel Mr. Hon for the applicants submits that applicants were not concern with either of the first information reports. No test identification parade was conducted. The injuries on the victim are simple in nature. There is no need to detain them behind bar.

4.

Learned Addl. P. P. points out supplementary statements of the witnesses to disclose involvement of the applicants. Those are said to be amongst the villagers who assaulted informant and his friend.

5.

I have gone through first information report of Cr. No. 433/2025 as well as Cr. No. 432/2025. The names of the applicants are not mentioned in the F.I.R. No role is attributed to them. Lateron, it revealed that they were amongst the villagers, who committed assault. I find no apparent involvement of the applicants in the offence and the police papers.

3 ba 474.26 6.

They were arrested on 30.11.2025. Charge sheet is filed on 26.01.2026. No antecedents are reported against them. They are entitled to be released on bail.

7.

For the reasons recorded above, I pass following order.

O R D E R

A.

The bail application is allowed.

B.

Applicant No. 1 - Ajay S/o Bajirao Nikse and applicant No. 2 - Sandip S/o Raju Mahajan shall be released on bail in respect of Cr. No. 433/2025 registered with Bhadgaon Police Station, Tq. Bhadgaon, Dist. Jalgaon for the offences punishable U/Sec. 109(1), 127(2), 118(1), 189(2), 296, 191(2), 190, 352, 351(3) of the Bhartiya Nyaya Sanhita on condition of furnishing P. B and S. B. of Rs. 15,000/- (Rs. Fifteen thousands only) each with one solvent surety of like amount each on following conditions : I.

The applicants shall not tamper with prosecution evidence or contact with the prosecution witnesses. C.

Bail application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/March 26