Dnyaneshwar Ratan Lohakare v. The State Of Maharashtra
2026:BHC-AUG:19497 1 26 ba 678.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 678 OF 2026 Dnyaneshwar Ratan Lohakare, Age : 42 Years, Occu. : Service, R/o Kamlapur, MIDC Waluj, Tq. Gangapur, Dist. Aurangabad .. Applicant
Versus
The State of Maharashtra .. Respondent Shri Vijay S. Wakale, Advocate for the Applicant. Shri A. R. Kale, Addl.P.P. for the Respondent - State. CORAM : SHAILESH P. BRAHME, J.
DATE : 29TH APRIL, 2026.
FINAL ORDER :
.
Heard both sides.
2.
Applicant is seeking enlargement on bail in respect of offence bearing Cr. No. 152/2026 registered with MIDC Waluj Police Station, Dist. Aurangabad for the offences punishable U/Sec. 109, 189(2), 191(2), 191(3), 190, 115(2) of the Bhartiya Nyaya Sanhita, 2023 and Sec. 135 of the Maharashtra Police Act, 1951.
3.
He is arrested on 04.03.2026. The investigation is underway.
2 26 ba 678.26 4.
Learned counsel for the applicant submits that applicant is public servant and falsely implicated in the offence. Neither there was any motive for him, nor he was present at the relevant time. The injured witnesses are unreliable. The co-accused Sominath Lohkare has already been released on bail by Sessions Court. My attention is adverted to the complaint lodged by Sominath Lohkare bearing Cr. No. 153/2026 to buttress that prosecution theory is concocted.
5.
Learned Addl. P. P. submits that first information report shows incriminating role of the applicant. He is alleged to have caused injuries by knife. It is candidly brought to my notice the statements recorded U/Sec. 183 of the Bhartinya Nagarik Surakshya Sanhita, 2023.
6.
The incident occurred on 03.03.2026 at Hanuman Nagar, Kamlapur, Tq. Gangapur, Dist. Chhatrapati Sambhajinagar. Applicant and co-accused are alleged to have assaulted the informant and other co-accused belonging to Muslim community. Applicant has caused injury to them by knife. 7.
First information report (Cr. No. 153/2026) lodged at the instance of Sominath Lohkare shows that he was also assaulted by Sohail Shaikh @ Adhira, Mohsin Mois Shaikh and other persons. There appears to be communal rivalry. The incident can be said to be outcome of the same.
3 26 ba 678.26 8.
It is relevant to notice that statements of the informant and the witnesses namely Abdul Majid Abdul Hamid, Shahid Abdul Majid Abdul Hamid Shaikh and Rehan Firoj Shaikh recorded U/Sec. 183 of the Bhartiya Nagarik Surakshya Sanhita would indicate that they are not supporting the prosecution case. Those are eye witnesses, but still their statements are inconsistent with the first information report. The submissions of the learned counsel for the applicant need to be accepted. 9.
The applicant is behind bars since 04.03.2026. Though the investigation is underway, there is no reason to detain him any further. I, therefore, pass following order.
O R D E R
A.
The bail application is allowed.
B.
Applicant - Dnyaneshwar Ratan Lohakare shall be released on bail in respect of Cr. No. 152/2026 registered with MIDC Waluj Police Station, Dist. Aurangabad for the offences punishable U/Sec. 109, 189(2), 191(2), 191(3), 190, 115(2) of the Bhartiya Nyaya Sanhita, 2023 and Sec. 135 of the Maharashtra Police Act, 1951 on condition of furnishing P. R. bond and S. B. of Rs. 20,000/- (Rs. Twenty thousands only) with one solvent surety of like amount.
C.
The applicant shall not tamper with prosecution evidence or contact with the prosecution witnesses.
4 26 ba 678.26 D.
The applicant shall cooperate the Investigating Officer and shall attend the Police Station as and when called for. E.
The applicant shall surrender his Aadhar and Pan cards to the investigating officer.
F.
The applicant shall give his mobile/cell number and address to the investigating officer.
H.
Bail application is disposed of.
[ SHAILESH P. BRAHME J. ] bsb/April 26