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Bombay High CourtBA/476/2026application allowed

Yogesh Manohar Rajput v. The State Of Maharashtra

2026-04-09Hon'Ble Shri Justice Shailesh P. Brahme4 pages

2026:BHC-AUG:15314

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 476 OF 2026 Yogesh Manohar Rajput R/o. Station Road, Amalner, Ta. Amalner, Dist. Jalgaon, Maharashtra, India ...

Applicant

VERSUS

The State of Maharashtra (Through Amalner Police Station) ...

Respondent.

...

Advocate for Applicant : Mr. Siddharth Jagushte (on V.C.) A.P.P. for Respondent/State : Mr. C. V. Bhadane

CORAM

: SHAILESH P. BRAHME, J.

DATE : 09.04.2026 PER COURT :

Heard both sides.

2.

The applicant is seeking regular bail in connection with Crime No. 60/2024, registered with Amalner Police Station, District Jalgaon, for the offences punishable under Sections 307, 143, 147, 148, 149, 504, 506 of the Indian Penal Code.

3.

It is reported that due to previous quarrel applicant inflicted blows with gupti on the stomach of Kalpesh, while Pankaj was assaulted by coaccused Sumit on his neck. Other co-accused also are alleged to have used weapons in assaulting the injured victims. First information report was lodged on 18.02.2024 bearing Crime No. 60/2024. 4.

A cross complaint was lodged and Narendra Balaji Satpute is alleged 1/4

to have assaulted Yogesh by sickle. That offence also involved a fight between members of two groups with the weapons. 5.

Learned counsel for the applicant submits that except applicant, all are granted bail in the present case. On earlier occasion, bail was denied only on count of antecedents, which is evident from the order passed by the Supreme Court. He has been acquitted from all the offences. The latest acquittal is of 02.09.2025. Its a case of cross complaint and applicant's wife and son received injuries. The injuries of victims are simple in nature. 6.

Per contra, learned A.P.P. would raise preliminary objection for entertaining the application being successive one. Earlier application is stated to have been rejected on merits, which was confirmed by the supreme Court. The injuries have been caused by the applicant on vital part of victims Kalpesh and Pankaj. There is incriminating material to show involvement of the applicant. He is said to be habitual offender. 7.

Applicant was arrested on 25.07.2024. The charge-sheet was filed on 18.10.2024 against ten persons. All are released on bail except applicant. The applicant has lodged a report bearing Crime No. 61/2024 in respect of the self-same incident against victims Pankaj, Kalpesh and others. The applicant and his family members are stated to have been assaulted by them. A charge-sheet has been filed in that case. 8.

The applicant's earlier application was rejected on 17.01.2025 on merits by the coordinate bench. The criminal antecedents was not the ground for rejection of the bail. However, such a plea was pressed into service while opposing the bail in the Apex Court, which is evident from order dated 22.04.2025 passed by the Supreme Court in rejecting the Special Leave to Appeal.

9.

The entitlement of bail on count of criminal antecedents has not been examined in the High Court. The applicant claims that he is acquitted in all 2/4

the offences. In such a situation, it would be hyper technical to reject the application without dealing it on merits and examining the antecedents. The preliminary objection stands rejected.

10.

I have gone through the criminal antecedents of eight offences, which are shown in a tabular form in a counter affidavit submitted before the Supreme Court while opposing plea of the applicant. The relevant papers showing acquittal are placed on record which are not disputed by the respondent. The acquittal dated 02.09.2025 in Regular Criminal Case No. 7/2023 is the last one. In such situation, antecedents cannot be a reason to deny bail to the applicant.

11.

Though there are eye witnesses in present Crime Nos. 60/2024 as well as 61/2024, the injuries sustained by the victims are not serious in nature. The applicant's wife and son also received injuries. The Medico Legal Certificates of victim Pankaj and Kalpesh show simple injuries. The objective scrutiny needs to be undertaken during the course of trial to find out motive or mens rea.

12.

The applicant is behind bars since 25.07.2024, which is sufficient incarceration. A case is made out to enlarge him on bail. 13.

The Bail Application is allowed.

14.

The applicant Yogesh Manohar Rajput shall be released on bail in connection with Crime No. 60/2024, registered with Amalner Police Station, District Jalgaon, for the offences punishable under Sections 307, 143, 147, 148, 149, 504, 506 of the Indian Penal Code, on following conditions:

(a) The applicant shall furnish P. R. bond of Rs. 40,000/- (Rs. Forty Thousand only) with one solvent surety of like amount.

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(b) The applicant shall not tamper with prosecution evidence or contact with the prosecution witnesses. (c) The applicant shall stay away from entire Amlner Taluka District Jalgaon, till conclusion of the trial, save and except for attending the dates of the trial.

(d) The applicant shall cooperate for expeditious disposal of the trial and attend the dates punctually. (e) The applicant shall furnish his mobile/cell number and address to the investigating officer.

(f) The applicant shall surrender his Aadhar Card and PAN Card to the investigating officer.

15.

Bail application is disposed of.

( SHAILESH P. BRAHME, J.) mkd/- 4/4