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Bombay High CourtBA/248/2026disposed off

Aniket Dayanand Sakpal v. The State Of Maharashtra And ANR

2026-03-30Hon'Ble Shri Justice Sachin Shivajirao Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 248 OF 2026 Aniket Dayanand Sakpal

VERSUS

The State Of Maharashtra And Anr ...

Mr. Rishikesh S. Desai a/w Mr. Kuldeep U Nikam, 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. 349/2025 registered with Shirwal Police Station, District Pune for offences punishable under Sections 109, 126(2), 131, 352, IRESH MASHAL 351(3), 324(4) and 3(5) of Bhartiya Nyaya Sanhita, 2023. by IRESH MASHAL Date:

2026.03.30 19:59:41 +0530 2.

Heard.

3.

Learned counsel for the applicant submits that it is a case of over implication. There are no corresponding injuries. The medical certificate does not support the case of prosecution. In any event, charge-sheet is filed since investigation is completed. As such, further incarceration of the applicant would be unjustified. 1 of

4.

Per contra, learned APP opposed the application submitting that the injured has given the account of incident in detail. Apart from above, there is an eye witness to the incident. In that view, 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 on perusal of material on record, prima facie it appears to be the case of over implication. Nonetheless, the injury certificate also does not support the prosecution case. Moreover, there are no criminal antecedents as against the applicant.

6.

Apart from above, the investigation is complete for all intent and purpose and the charge-sheet is filed. 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. As such, further pre-trial incarceration of the applicant would be unwarranted.

7.

As such, I am persuaded to exercise the discretion in favour of the applicant.

O R D E R

I.

The bail application is allowed.

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II.

Applicant, Aniket Dayanand Sakpal 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. 349/2025 registered with Shirwal Police Station, District Pune for offences punishable under Sections 109, 126(2), 131, 352, 351(3), 324(4) and 3(5) 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 attend the trial on each and every date unless exempted by the trial Court. (c) The applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers and two of the near relatives.

(d) 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.

[SACHIN S. DESHMUKH, J.] 3 of