Abdul Rauf Abdul Razzak Patel v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 187 OF 2026 Tausif Ajij Inamdar

VERSUS

The State of Maharashtra And Anr.

...

Ms. Vaishnavi Gaikwad i/by Mr. Paras Yadav a/w Mr. Rushikesh Patil, Advocate for Applicant.

Mr. Nitin B. Patil, APP for the respondent-State ...

CORAM : SACHIN S. DESHMUKH, J.

DATE : 13th MARCH, 2026.

P. C. :

1.

The applicant seeks regular bail in connection with C.R. No. 698 of 2025 dated 25.10.2025 registered with Shivaji Nagar Police Station, District Kolhapur for the offences punishable under Sections 109(1) and 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2.

The prosecution case is that, on 24th October 2025, at about 4:00 p.m., in front of the complainant's house, the applicant, harbouring business rivalry, attacked the complainant's father with a Sattur (country-made weapon). He inflicted blows upon the injured on the neck and the hand with the clear intention to kill him, Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.03.13 14:03:38 +0530 resulting in grievous hurt. Hence, the report came to be registered. SAJAKALI LIYAKAT JAMADAR 1 of

3.

Learned Counsel for the applicant submits that initially, applicant had lodged the report owing to the assault by the informant. The present FIR has been lodged as a counter to the same, the report has been lodged against the applicant with gross over-implication. The necessary recovery of the alleged weapon has already been effected. The victim has been discharged from the hospital. The investigation has been complete in all intents and purposes. As such, further incarceration of the applicant is unjustified. Hence, prayed to allow the application. 4.

Per contra, learned APP opposed the application by submitting that the involvement of the applicant is rather apparent. There are statements of the eye witnesses. Nevertheless, the informant has also stated that the blows were inflicted by the applicant with a lethal weapon corresponding to which the injuries were sustained and those are of a grievous nature, which disentitles the applicant to be admitted on bail.

The learned APP further expressed the apprehension that the applicant is a neighbour of the informant. If released on bail, there is a possibility that applicant may threaten the informant or other witnesses.

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5.

Upon hearing the learned counsel for the applicant and the learned A.P.P., prima facie it appears that it is a case of over - implication. The applicant had filed an FIR against the informant regarding the alleged incident. As such, the possibility of false implication cannot be ruled out.

6.

Nevertheless, the investigation has been complete for all intents and purposes. The victim has been discharged from the hospital. The necessary recovery has also been already effected. 7.

Apart from the aforesaid aspects, in the absence of other antecedent to the discredit of the present applicant, this Court is persuaded to exercise its discretion in favour of the present applicant. So far as the apprehension expressed by the learned APP, the same can be taken care of by imposing the stringent conditions. Considering the number witnesses which the prosecution is citing, there is every likelihood that trial will take considerable time. Hence, the order:

O R D E R

I) The bail application is allowed.

II) Applicant - Tausif Ajij Inamdar be released on bail, on furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty Thousand) 3 of

with one or two local solvent sureties, in the like amount, in connection with C.R. No. 698 of 2025 dated 25.10.2025 registered with Shivaji Nagar Police Station, District Kolhapur for the offences punishable under Sections 109(1) and 351(2) of the Bhartiya Nyaya Sanhita, 2023. on the following conditions : (a) The applicant shall not reside at the given address 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 approach the concerned Court seeking cancellation of bail, notwithstanding the fact that this Court has granted bail. III) 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