Akhilesh Sameshwar Bunkar Kori v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 150 OF 2026 Akhilesh Sameshwar Bunkar Kori
VERSUS
The State Of Maharashtra And Another Mr. Saurabh Tandale i/b Mr. Abdul Quadir, Advocate for Applicant Mr. Nitin B. Patil, APP for the respondent-State CORAM : SACHIN S. DESHMUKH, J.
DATE : 30th MARCH, 2026.
P. C. :
1.
By this application, applicant is seeking regular bail in C.R. No. 628/2024 registered with Sadar Bazar Police Station, Solapur, District Solapur for offences punishable under Sections 103(1) of Bhartiya Nyaya Sanhita, 2023.
IRESH MASHAL 2.
Heard.
Digitally signed by IRESH MASHAL Date:
2026.03.30 20:01:06 +0530 3.
Learned counsel for the applicant submits that there is delay in lodging the F.I.R. which indicates false implication of the present applicant. In any case, the alleged incident has occurred at the spur of moment. Investigation is complete for all intent and purpose. As such, further pre-trial incarceration of the applicant would be unjustified.
4.
Per contra, learned APP opposed the application submitting 1 of
that complicity of the applicant is evident from the material collected by the prosecution. The witnesses have indicated the presence of the applicant and the weapon used to assault is recovered at the instance of the applicant sufficiently establishing the complicity of the present applicant. It is further submitted that the applicant being resident of other State would not be available for the purpose of trial. As such, there is every possibility of non availability of the applicant to trial, if admitted to the bail. 5.
Upon considering the submissions of learned counsel for the applicant and learned APP prima facie it appears that there is absence of motive, the incident has occurred at the spur of moment. Further, there is unexplained delay in lodging F.I.R, as such possibility of over implication cannot be ruled out. 6.
Nevertheless, the investigation is complete for all intent and purpose and the charge-sheet is filed to that effect. Having regard to the number of witnesses which the prosecution proposes to examine, the trial is unlikely to commence and conclude within a reasonable period, the further pre-trial incarceration of the applicant would be unwarranted.
7.
So far as the apprehension expressed by the learned APP 2 of
about availability of the applicant for the purpose of trial, can be adequately taken care of by imposing stringent conditions.
O R D E R
I.
The bail application is allowed.
II.
Applicant, Akhilesh Sameshwar Bunkar Kori 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. 628/2024 registered with Sadar Bazar Police Station, Solapur, District Solapur for offences punishable under Sections 103(1) of Bhartiya Nyaya Sanhita, 2023, on the following conditions :- (a) The applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.
(b) The applicant shall not leave the jurisdiction of Solapur City Police Station till conclusion of trial. (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. 3 of
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.
[SACHIN S. DESHMUKH, J.] 4 of