Babita W/O Nitin Masram v. State Of Maharashtra Thr Pso., Ps Ambazari, Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 398 OF 2026 Aditya @ Babalu Hemant Sharma ....Applicant versus The State of Maharashtra ....Respondent _________________________________________________________________ Mr. Himanshu S. Gavit, Advocate for Applicant. Ms. Ranjana D. Humane, APP for Respondent-State. Mr. Kailas S. Jadhav, Panchavit Police Station, Nashik, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 20th FEBRUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 733 of 2024 registered with Panchavati Police Station, District Nashik. for the offences punishable under Sections 109(1), 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Maharashtra Police Act.

2.

It is prosecution's case that on 6th December 2024, the applicant and co-accused assaulted the first informant with sharp weapon with the intention to kill him.

3.

It is contention of learned counsel for the applicant that the Digitally signed by SHUBHADA SHANKAR KADAM Date:

2026.02.24 10:48:57 +0530 applicant is behind bars for more than fourteen months, yet there is no SHUBHADA SHANKAR KADAM

progress in the trial. The co-accused have been released on bail. It may take time to conclude the trial. Hence, requested to allow the application. 4.

It is contention of learned APP that the applicant assaulted the injured on the stomach with sharp weapon with the intention to kill him. There is a specific allegation against him. The injury certificate shows injury on the stomach of the injured. If the applicant is released on bail, he may threaten the prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both learned counsel, perused charge-sheet and documents produced on record. The applicant is behind bars for more than 14 months. There is no progress in the trial. The applicant has no antecedents. The co-accused have been released on bail. It may take time to conclude the trial. Considering these facts, I pass following order :

ORDER

(i) The applicant be enlarged on bail in Crime No. 733 of 2024 registered with Panchavati Police Station, District Nashik, 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.)