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Bombay High CourtBA/601/2026application allowed

Kunal Sominath Gore v. The State Of Maharashtra

2026-05-05Hon'Ble Shri Justice Shailesh P. Brahme4 pages

2026:BHC-AUG:20264

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 BAIL APPLICATION NO. 601 OF 2026 KUNAL SOMINATH GORE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Kalyankar Samadhan Pratap. APP for Respondent/s-State : Ms. P. V. Diggikar. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 05.05.2026 PER COURT :- 1.

Heard both sides.

2.

The applicant is seeking bail in respect of offence bearing Crime No.199 of 2025, registered with Pundliknagar Police Station, District Chh. Sambhajinagar for the offences punishable under Sections 61(2), 109(1), 118(2), 126(2), 137(2), 140(2), 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita.

3.

The applicant is arrested on 13.05.2025. Charge-sheet is filed on 08.07.2025.

4.

It is reported to the police by injured victim himself that there was transaction of hypothecation of the vehicle belonging to Sunil Nagargoje. The co-accused Aakash Jadhav is involved

in transaction who is alleged to have receive Rs.90,000/- and insisting the informant to return the car. Informant is alleged to have been abducted by the applicant and others and assaulted by them. Applicant and others are alleged to have denuded him and videographed him.

5.

Learned counsel for the applicant seeks bail on the ground of parity by relying on the orders passed by Coordinate Bench, releasing co-accused Bhaskar and Aakash on bail by distinct orders. The motive can be attributed to coaccused Aakash Jadhav. The allegations levelled against the applicant are stated to be venial.

6.

Per contra, learned APP would distinguish the present case from that of the case of co-accused. Applicant has indulged in videographing the denuded informant from his mobile handset. The transcript of CCTV footage and seizure panchnama are pressed into service. The injury certificate is also pointed out to show two grievous injuries and one simple injury.

7.

The papers of the investigation would reveal that applicant is not involved in any monetary transaction or transaction of hypothecation of the vehicle. He appears to be associated with co-accused Aakash who was involved in the

transaction. The allegations of assault by belt and fist and blows cannot be specifically attributed to the applicant solely. His mobile handset appears to have been used for videographying denuded photos.

8.

The CCTV footage transcript and use of mobile handset of the applicant cannot be said to be per se inculpatory. The implications of this aspect of the matter can be gone into during the course of trial. In all three injuries are noticed and out of them, two are grievous in nature. There is no material on record that either of the grievous injuries would be by the applicant. The co-accused are released on bail. No antecedents are reported against the applicant. I, therefore, pass the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant KUNAL SOMINATH GORE shall be released on bail in Crime No.199 of 2025, registered with Pundliknagar Police Station, District Chh. Sambhajinagar for the offences punishable under Sections 61(2), 109(1), 118(2), 126(2), 137(2), 140(2), 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita, on furnishing P. R. bond

of Rs.50,000/- (Rupees fifty thousands only) with one or two local solvent sureties of like amount on the following conditions :

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

(b) The applicant shall submit his Aadhar Card and PAN Card to the Investigating Officer and detailed addresses and phone numbers of applicant and two of the near relatives.

(c) In case of breach of any of the conditions by the applicant, it is open for the prosecution to move this Court seeking cancellation of bail.

(d) Needless to state that the observations rendered herein are to the extent of this application and the Trial Court shall not be influenced by the same.

(iii) Bail application is disposed of accordingly.

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

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