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Bombay High CourtBA/917/2026disposed off

Balya @ Tushar Ashok Mane v. The State Of Maharashtra

2026-04-23Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 917 OF 2026 Balya @ Tushar Ashok Mane ...Applicant versus The State of Maharashtra

...Respondent

_________________________________________________________________ Mr. Chaitanya Purankar i/b. Mr. Amit Icham, Advocate for Applicant. Ms. Ranjana D. Humane, APP for Respondent-State. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 23rd APRIL, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 533 of 2023 registered with Chikhali Police Station, District Pune, for the offences punishable under Sections 307, 397, 398, 394, 392, 323, 427, 506, 411, 341 read with Section 34 of the the Indian Penal Code 1860, Sections 3 and 7 of the Criminal Amendment Act, Sections 37(1)(3) read with 135 of the Maharashtra Police Act and Sections 128(1) read with 177 of the Motor Vehicles Act, 1988.

2.

It is the prosecution's case that on 8th August 2023, the applicant, along with the co-accused, robbed the victim and other pedestrians of money and mobile handsets by threatening them. It is further alleged that the applicant and co-accused assaulted the victim with Digitally signed by SHUBHADA SHANKAR KADAM Date:

2026.04.24 17:54:03 +0530 a sickle with the intention to kill him.

SHUBHADA SHANKAR KADAM

3.

It is contention of learned counsel for the applicant that the applicant is behind bars for more than two years and six months, yet there is no progress in the trial. The applicant had no antecedents prior to registration of this crime. There is no recovery of weapon or amount at the instance of the applicant. Hence, requested to allow the application. 4.

It is contention of learned APP that the applicant and co-accused robbed victim and other pedestrians by threatening them. The applicant and co-accused assaulted the victim with a sharp weapon with the intention to kill him. After registration of this offence, other offences have also been registered against the applicant. The applicant was identified in a test identification parade. If the applicant is released on bail, he may abscond or threaten 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 two years and six months. There is no progress in the trial, and it may take time to conclude the same. Considering these facts, I pass following order:

ORDER

(i) The applicant be enlarged on bail in Crime No. 533 of 2023 registered with Chikhali 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.)