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Bombay High CourtBA/194/2026disposed off

Waris Jafaruddin Khan v. The State Of Maharashtra And Another

2026-03-12Hon'Ble Shri Justice Sachin Shivajirao Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 194 OF 2026 Mr. Ram Durga Dasari ...Applicant

Versus

The State of Maharashtra Through Kolsewadi Police Station, Kalyan.

...Respondent

Mr. Amol V. Sakpal, for the Applicant.

Ms. S. D. Shinde, APP, for the Respondent - State. PSI Mahesh L. Wagh, Kolsewadi Police Station, Kalyan, is present.

CORAM:

R. M. JOSHI, J.

DATED:

10th MARCH, 2026 PC:- 1.

This application is for regular bail in connection with Crime No.737/2025 registered with Kolsewadi Police Station for the offences punishable under Sections 110, 118(2), 324(4), 352 of Bhartiya Nyaya Sanhita, 2023.

2.

It is the case of the prosecution that, an incident had occurred on 11.10.2025 in a road rage. There is the allegation against the present applicant that, he gave dash to the motorcycle of the informant and also ran over the pillion rider. It is not a disputes that on conclusion of the investigation, chargesheet has been filed on 3rd December 2025. 3.

Learned Counsel for the Applicant submits that the incident is not premeditated nor any serious injuries were

caused to the informant. In this regard he referred to the injury certificate of the informant indicating causes of simple injuries to him. According to him after filing of the chargesheet, applicant cannot be kept behind the bar by way of pretrial sentence.

4.

Learned APP opposed the application by contending that the conduct of the Applicant even after occurrence of the incident dis-entitles him for bail. He drew attention of the Court to the First Information Report indicating that after the incident, the Applicant brought baseball bat in order to cause assault on the informant and pillion rider. He drew attention of the Court to the Injury certificate of the pillion rider indicates causing of grievous injuries to him. On these amongst other contentions, the application is opposed.

5.

Admittedly, after conclusion of the investigation chargesheet has been filed. The charge is yet to be framed, and there is no chance of conclusion of trial within the reasonable period of time. This Court finds substance in the contention of the Counsel for the Applicant that he cannot be kept behind the bar by way of pretrial sentence. Applicant has no criminal history. The apprehension of the prosecution with regard to the tampering to the evidence, etc., can be taken care by imposing appropriate conditions. Hence, order.

ORDER

i) Criminal Bail Application stands allowed in connection with the Crime No. 737/2025

registered with the Kolsewadi Police Station for the offences punishable under Sections 110, 118(2), 324(4), 352 of Bhartiya Nyaya Sanhita, 2023.

ii) The Applicant be enlarged on bail, on furnishing P. R. Bond of Rs.15,000/- with one surety in the like amount till the satisfaction of the Trial Court.

iii) The Applicant not to directly or indirectly causing the interference in the evidence of the prosecution.

iv) Applicant to attend all dates of hearing before the Trail Court unless exempted from appearance by passing specific order.

6.

The application is allowed in aforesaid terms and is accordingly disposed of.

7.

All concerned to act upon the authenticated copy of this order.

(R. M. JOSHI, J.) VDMokal/-