Nitin Bhagaji Thokal And Others v. The State Of Maharashtra

2026:BHC-AUG:16287 1 527 - 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 527 OF 2026 1] Nitin S/o Bhagaji Thokal, Age - 32 years,Occupation - Business 2] Parmeshwar alias Bunty S/o. Keshav Hirve, Age - 27 years, Occupation - Auto Driver, 3] Vijay S/o Rajendra Jagtap, Age - 23 years, Occupation - Labour, All R/o Jai Bhawani Nagar, Chh. Sambhajinagar, Tal. and District - Chh. Sambhajinagar ...

Applicants / Accused

VERSUS

The State of Maharashtra, Through the Police Inspector, Pundlik Nagar Police Station, Tal. and District - Chh. Sambhajinagar ...

Respondent ...

Advocate for Applicant : Mr. A.D. Raut Addl.P.P. for Respondent/State : Mr. A.R. Kale

CORAM

: SHAILESH P. BRAHME, J.

DATE : 15.04.2026 PER COURT :

Heard both sides.

2.

Learned counsel for the applicant, on instructions of client, seeks withdrawal of application to the extent of applicant no. 1 - Nitin S/o Bhagaji Thokal.

3.

Leave is granted. Application is disposed of as withdrawn to the extent of applicant no. 1 - Nitin S/o Bhagaji Thokal.

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2 527 - 2026 4.

The applicants are seeking regular bail in connection with Crime No.047 of 2026, registered with Pundliknagar Police Station, District - Chh. Sambhajinagar for the offences punishable under Section 109(1), 118(2), 3(5) of Bharatiya Nyaya Sanhita, 2023.

5.

It is reported that victim was found in injured condition on 07.02.2026. Upon receiving the information, his mother reached the spot and, thereafter lodged a report with the Police. He was shifted to the hospital where he was an indoor patient.

6.

Learned counsel for the applicants submits that no serious injuries are inflicted and victim himself would indulged in illegal activities of displaying his photographs on the social platforms with sword. No criminal antecedents are recorded against the applicants. There is no direct material to show involvement of the applicants.

7.

Per contra, learned APP would submit that statement of victim - Ritesh, in no uncertain terms would show the overt act of the applicants. Their presence cannot be disputed at the relevant time. Applicant no. 2 is alleged to have inflicted blow by a knife. My attention is invited to criminal antecedents of the applicant no. 1. As the investigation is underway, application is sought to be rejected. 8.

I have gone through the FIR and the statements of the witnesses including that of injured Ritesh. The presence of the applicants at the relevant time, cannot be disputed. The victim is stated to have been inflicted a single blow by knife. The investigation conducted so far does not show any mens rea to eliminate the deceased. Considering the role attributed to the applicant, further incarceration is not required.

10.

Applicants are behind bars since 19.02.2026. The discharge certificate would show that victim was treated and discharged from the hospital. I am inclined to grant relief to applicants no. 2 and 3 on certain conditions. 11.

Hence, the following order :-

ORDER

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3 527 - 2026 I] Application is disposed of as withdrawn to the extent of applicant no.1 - Nitin S/o Bhagaji Thokal.

II] Bail Application to the extent of applicant no. 2 - Parmeshwar alias Bunty S/o. Keshav Hirve and applicant no.3 - Vijay S/o Rajendra Jagtap - is allowed. III] The applicants shall be released on bail in connection with Crime No. 047 of 2026, registered with Pundliknagar Police Station, District - Chh. Sambhajinagar for the offences punishable under Section 109(1), 118(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, on following conditions: (a)The applicants shall furnish P.R. bond of Rs.25,000/- (Rs. Twenty Five Thousand only) each with one solvent surety each of like amount.

(b) The applicants shall report the Investigating Officer on every Saturday between 10.00 am and 4.00 pm. till filing of the chargesheet.

(c) The applicants shall not tamper with prosecution evidence or contact with the prosecution witnesses.

(d)The applicants shall furnish their mobile/cell numbers and addresses to the investigating officer.

(e) The applicants shall not leave Chhatrapati Sambhajinagar district without information, till filing of the chargesheet. ( SHAILESH P. BRAHME, J.) arp/- 3/3