Nagnath Alias Nagesh Baburao Rokade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 3 OF 2026 Nagnath Alias Nagesh Baburao Rokade

VERSUS

The State Of Maharashtra WITH CRI-INTERIM APPLICATION NO. 79 OF 2026 IN CRIMINAL BAIL APPLN. NO. 3 OF 2026 Satish Bhujang Rokade

VERSUS

The State Of Maharashtra Mr. Jaydeep Mane a/w Mr. Mihir Mondkar a/w Mr. Yash Fadtare for the applicant Mr. Sachin Madhav Bhavar, Advocate for complainant Mr. Anand S. Shalgaonkar APP for the Respondent-State.

CORAM

:

SACHIN S. DESHMUKH, J.

DATE :

11th MARCH 2026.

P.C.

1.

By this application, applicant is seeking regular bail in C.R. No. 464/2025 dated 07/06/2025 registered with Karmala Police Station, District Solapur for offences punishable under Sections 103(1), 115(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2.

The prosecution case is that, the informant lodged complaint before Karmala Police-station on 07/06/2025 alleging therein that at about 9:00 am one Rajendra Gopinath Ghadage was

felling neem-tree with the help of J.C.B. machine of one Uttreshwar Lahu Rokade. The said tree was on common bandh. He heard the voice of quarrel, therefore he rushed to the spot and found that in the said quarrel, his father sustained injuries on chest and become unconscious. Rajendra Ghadage narrated the incident to the informant that Tatyaba Rokade and Nagesh Rokade abused and assaulted his father by kick and fist blows. Tatyaba Rokade assaulted father of the informant on his chest and due to injuries become unconscious. During treatment his father succumbed to the injuries. Hence, report is lodged.

3.

Learned counsel for the applicant submits that incident has occurred on the spur of moment. There was no pre-meditation. The only allegation as against the present applicant are general and sweeping in nature.

4.

Per contra, learned APP and learned counsel for complainant opposed the application submitting that the applicants have acted in connivance and in the process, have inflicted the blows with the knife which resulted into death of informant's father. As such, the applicant does not deserve to be admitted to the bail. 5.

Upon considering the submissions of learned counsel for the applicant, learned APP and learned counsel for respondent no. 2, and perusal of material on record, prima facie it appears that the incident

has occurred on the spur of the moment. As such, the act is not premeditated one. In any case, the role assigned to the present applicant in the alleged incident is general in nature. 6.

Considering the number of witnesses cited by the prosecution, it is unlikely that commencement and conclusion of trial will take place within a reasonable period. In that view of the matter, I am persuaded to exercise the discretion in favour of the applicant. 7.

So far as the apprehension expressed by the learned APP about influencing prosecution witnesses, can be adequately taken care of by imposing stringent conditions. Hence, following order:

O R D E R

I.

The bail application is allowed.

II.

Applicant, Nagnath Alias Nagesh Baburao Rokade be released on bail, on furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty Thousand) with one or two local solvent sureties, in the like amount, in connection with C.R. No. 464/2025 dated 07/06/2025 registered with Karmala Police Station, District Solapur for offences punishable under Sections 103(1), 115(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023, on the following conditions :- (a) The applicant shall not reside within Arjunnagar village, Taluka: Karmala, District: Solapur till conclusion of trial.

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

(c) The applicant shall attend the trial on each and every date unless exempted by the trial Court. (d) The applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers and two of the near relatives.

(e) In case of breach of any of the conditions by the applicant, it is open for the Prosecution to move the concerned Court seeking cancellation of bail. 8.

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.

9.

In view of disposal of bail application, pending interim application stands disposed of.

(SACHIN S. DESHMUKH, J.) IRESH MASHAL Digitally signed by IRESH MASHAL Date:

2026.03.12 18:48:31 +0530