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Bombay High CourtBA/330/2026allowed

Prakash @ Dinesh S/O Hiraman Sahare v. The State Of Maharashtra Thr Pso., Ps M.I.D.C. , Dist. Nagpur And ANR

2026-04-02Hon'Ble Shri Justice M. M. Nerlikar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 330 OF 2026 Shubham Sambhaji Shinde ....Applicant

Versus

The State of Maharashtra ....Respondent _________________________________________________________________ Mr. Vipul U. Dushing along with Mr. Ashraf Kazi, Mr. Tanmay Kate, Mr. Govind Murdhe, Mr. Ajay Gawali and Mr. Jadhav, Advocates for Applicant. Mr. S. S. Pednekar, APP for Respondent-State. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 25th FEBRUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 87 of 2025 registered with Bhosari Police Station, District Pune, for the offences punishable under 103(1) read with Section 3(f) of the Bharatiya Nyaya Sanhita, 2023.

2.

It is prosecution's case that on 5th March 2025, the applicant and co-accused murdered the deceased on the suspicion that he was a thief.

3.

It is contention of learned counsel for the applicant that the applicant assaulted the deceased with fists and kick-blows. The applicant has no antecedents. He is behind bars for more than one year. Hence, requested to allow the application.

4.

It is contention of learned APP that there is eye witness to the incident, who has stated that the applicant and co-accused brutally assaulted the deceased. The deceased was tied to a pole. If the applicant is released on bail, he may abscond and requested to reject the application. 5.

I have heard both learned counsel, perused the charge-sheet and documents produced on record. It appears from record the incident occurred suddenly. The applicant is behind bars for more than one year, he has no antecedents. Considering these facts, I pass following order :

ORDER

(i) The applicant be enlarged on bail in Crime No. 87 of 2025 registered with Bhosari Police Station, District Pune, on executing P.R.Bond in the sum of Rs.30,000/- 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 or contact the complainant, witnesses or any person concerned with the case.

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

6.

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.

7.

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