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Bombay High CourtBA/332/2026disposed off as a withdrawn

Tabish Asghar S/O Mohammad Asghar Ali (In Jail) Crime No. 1043/2025 v. State Of Maharashtra Thr Sub Divisional Police Officer (Investigation Officer) Yavatmal City

2026-03-30Hon'Ble Shri Justice M. M. Nerlikar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 332 OF 2026 Niminath @ Nimya Zamparya Kale ...Applicant Vs.

The State of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO. 482 OF 2026 VAISHALI ANIL TIKAM by VAISHALI ANIL TIKAM Date:

2026.02.23 18:21:18 +0530 (FOR INTERVENTION) IN BAIL APPLICATION NO. 332 OF 2026 Jitendra Rahikya @ Rakya Chavan ...Applicant In the matter between Niminath @ Nimya Zamparya Kale ...Applicant Vs.

The State of Maharashtra

...Respondent

_________________________________________________________________ Rahul S. Kate a/w. Ms. Neha Parte, Advocate for Applicant. Mr. Ghansham Jadhav, Advocate for Applicant in IA 482 of 2026. Mr. S.S. Pednekar, APP for Respondent-State. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 18th FEBRUARY, 2026.

P.C. :

1.

Heard learned counsel for the Applicant and Learned APP for State.

2.

By this Application, the Applicant is seeking regular bail in Crime No. 275 of 2024 registered with Daund Police Station for the offences punishable under Sections 307, 323, 324, 504, 506, 143, 148, 149 of the Indian Penal Code, 1860 and Section 135 of Maharashtra Police

Act.

3.

It is prosecution's case that on 07/04/2024, Applicant and coaccused assaulted wife of the first informant with wooden rod and stones with intention to kill the first informant and his wife. 4.

It is contention of learned counsel for the Applicant that Applicant is behind bars more than one year and four months. there is no progress in the trial. The co-accused, having similar allegations, have been released on bail. Applicant has no antecedents and requested to allow the Application.

5.

It is contention of learned APP along with learned counsel of Intervenor that Applicant and co-accused brutely assaulted first informant and his wife. In the said assault, nose of wife of the first informant is broken. She has received multiple serious injuries. He submits that if Applicant released on bail, they may threatened the first informant and prosecution witnesses and requested to reject the Application. 6.

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

7.

The Applicant is behind bars more than one year and four months. There is no progress in the trial. The co-accused, having similar allegations, have been released on bail. It may take time to conclude the trial.

8.

Considering these facts, I pass following order.

ORDER

(i) The Applicant- Niminath @ Nimya Zamparya Kale be released on bail in Crime No. 275 of 2024 registered with Daund Police Station , on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order. (iv) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)