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Bombay High CourtBA/594/2026application allowed

Umesh Shivaji Vetal v. The State Of Maharashtra

2026-04-17Hon'Ble Shri Justice Shailesh P. Brahme5 pages

2026:BHC-AUG:16801

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 BAIL APPLICATION NO. 594 OF 2026 UMESH SHIVAJI VETAL

VERSUS

THE STATE OF MAHARASHTRA WITH CRIMINAL APPLICATION NO. 1307 OF 2026 IN BA/594/2026 ...

Advocate for Applicant : Mr. Jadhav Satej S.

APP for Respondent/s-State : Mr. C. V. Bhadane. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 17.04.2026 PER COURT :- 1.

Heard both sides.

2.

The applicant is seeking bail in respect of offence bearing Crime No.1044 of 2025, registered with Shrigonda Police Station, District Ahilyanagar, for the offences punishable under Sections 310(2), 119(1), 74, 118(1), 115(2), 351(2), 352 of the Bharatiya Nyaya Sanhita.

3.

Applicant is arrested on 07.12.2025. Charge-sheet is filed on 02.03.2026.

4.

It is reported to the police that the incident took place after 7.30 p.m. on 06.12.2025 when applicant along with co-

accused questioned the informant for filing complaint against them and the quarrel took place which culminated into a fight and commotion. The witnesses Mohan and Sandeep tried to intervene but they were assaulted by the assailants. The informant is alleged to have been assaulted by unknown persons on stomach, chest and head. Applicant is alleged to have assaulted Jayashree by fists and blows and outraged her. It is further alleged that applicant snatched cash of Rs.30,000/- from the pocket of the informant. It is specifically stated that in the quarrel applicant and his companion also sustained injuries and they were taken to the Police Station and thereafter for treatment.

5.

Learned counsel for the applicant submits that it's a case of cross complaint. Crime No.1048 of 2025 is registered at his instance in respect of self-same incident. Applicant and Pravin sustained injuries due to the attack by the persons including informant and the witnesses. Considering the injuries on the informant and the witness it's not a case of very serious offence. Applicant is stated to have received five (5) injuries. It is submitted that the criminal antecedents cannot be the sole ground to deny bail and necessary conditions can be imposed.

6.

Learned APP submits that there are as many as six (6) eye witnesses who are consistent with the First Information Report. There are injured witnesses and injuries correspond to the allegations. It is vehemently submitted that applicant is history sheeter and has five serious offences against him. The action of detention was also taken against him. 7.

The incident of 06.12.2025 has given rise to lodging of Crime No.1044 of 2025 at the instance of present informant and Crime No.1048 of 2025 at the instance of present applicant. The enmity between two groups appears to be probable cause of fight. The members of both groups received injuries. Applicant sustained five (5) injuries which are simple in nature. His companion Pravin sustained a fracture on hand. As against that, the injury sustained by informant Navnath is singular and simple one. The injuries sustained by Mohan are also simple. It cannot be gathered from the papers of investigation that there was criminal intention to eliminate any of the persons from the group. It was free fight due to the enmity between the groups.

8.

Considering the allegations and the injuries received to members of both groups, I find that the incident in question cannot be treated to be serious offence. Though there is

allegation of outraging modesty of a victim but there is no M.L.C. certificate. Her clothes which are alleged to have been torn, have not been seized. In all probabilities, the exaggeration of the allegations cannot be ruled out. 9.

There are substantial criminal antecedents petted against the applicant. If the stringent conditions are imposed then his activities or proposed apprehension can be restricted. He is behind bars since 07.12.2025. I, therefore, pass following order:

O R D E R

(i) Bail Application is allowed.

(ii) Applicant UMESH SHIVAJI VETAL shall be released on bail in Crime No.1044 of 2025, registered with Shrigonda Police Station, District Ahilyanagar, for the offences punishable under Sections 310(2), 119(1), 74, 118(1), 115(2), 351(2), 352 of the Bharatiya Nyaya Sanhita on furnishing P. R. bond of Rs.50,000/- (Rupees fifty thousands only) with one solvent surety of like amount on the following conditions :

(a) The applicant shall not tamper with the prosecution evidence and contact the prosecution witnesses.

(b) The applicant shall stay away from entire Shrigonda Taluka till conclusion of the trial, save and except attending the dates of trial. (c) The applicant shall inform his whereabouts and contact numbers to the Investigating Officer.

(d) The applicant shall surrender his Aadhar Card and PAN Card to the Investigating Officer, if any.

(e) The applicant shall not move out of Ahilyanagar District without information to the Investigating Officer.

(f) The applicant shall co-operate for expeditious disposal of the trial and attend the dates punctually.

(iii) Bail application is disposed of accordingly.

(iv) Criminal Application to assist learned APP is allowed.

(SHAILESH P. BRAHME, J.) ...

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