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Bombay High CourtBA/196/2026disposed off

Gopal Balasaheb Badane v. The State Of Maharashtra And ORS

2026-03-26Hon'Ble Shri Justice Sachin Shivajirao Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 196 OF 2026 Pavan Sunil Gholap ....Applicant

Versus

The State of Maharashtra ....Respondent _________________________________________________________________ Mr. Shekhar V. Mane along with Mr. Nikhil G. Hire i/b. Mr. Pratik Pawar, Advocate for Applicant.

Ms. Veera Shinde, APP for Respondent-State.

PSI-Vishal Saphale, Upnagar Police Station, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 25th FEBRUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No.170 of 2025 registered with Upnagar Police Station, Nashik for the offences punishable under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short), Section 135 of the Maharashtra Police Act and Sections 3(25), 4(25) and 27 of the Arms Act. 2.

It is prosecution's case that when police party was on patrolling duty in the night of the 25th April 2025, they found the applicant and coaccused hiding by the side of the road with an intention to commit dacoity. When police chased them, the co-accused -Sarthak Ahire got injured accidentally by firing himself while taking out country-made pistol from his

pant's pocket. The police found the applicant and other co-accused in the hospital, where the co-accused -Sarthak Ahire was undergoing treatment. It is alleged that the applicant was part of group assembled with weapons to commit robbery and thereafter they fled from the spot after the accidental firing incident.

3.

It is contention of learned counsel for the applicant that the applicant is behind bars for more than eight months. There is no progress in trial, and requested to allow the application. 4.

It is contention of learned APP that the applicant has antecedents. He got injured in accidental firing, it shows his involvement in crime. If the applicant released on bail, he may abscond or threaten prosecution witnesses, and requested to reject the application. 5.

I have heard both learned counsel, perused charge-sheet and documents produced on record.

6.

The applicant is behind bars for more than eight months. There is no progress in trial. It may take time to conclude the trial. To prove the offence against the applicant, evidence is required. Considering these facts, I pass following order:

ORDER

(i) The applicant be enlarged on bail in Crime No.170 of 2025 registered with Upnagar Police Station, Nashik, on furnishing

PR bond of Rs.25,000/-, with one or two sureties in the like amount.

(ii) The applicant shall attend the concerned police station as and when required.

(iii) The applicant shall not tamper with the evidence or attempt to influence witnesses or any person concerned with the case. The application is allowed in the aforesaid terms and is accordingly disposed of.

7.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)