BA-450-2025 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 450 OF 2025 Ajay s/o Sunil Mudde Age 25 years, Occupation Driver, R/o Baba Nagar, Khadgaon Road, Latur, District Latur. … Applicant Versus 1. The State of Maharashtra Through Superintendent of Police, District Latur. 2. The Police Inspector, Shivaji Nagar Police Station, District Latur. … Respondents ….. Mr. Y. G. Birajdar a/w Mr. N. S. Shinde, Advocate for the Applicant. Mr. S. B. Narwade, APP for Respondent Nos. 1 and 2-State. ..... CORAM : ABHAY S. WAGHWASE, J. Reserved on : 28.04.2025 Pronounced on : 29.04.2025 ORDER : 1. Present application is for grant of regular bail on account of arrest of applicant in crime no. 423/2024 registered at Shivaji Nagar Police Station, District Latur for offences punishable under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita (BNS) and Sections 4, 25 of the Arms Act. 2025:BHC-AUG:12341 BA-450-2025 -2- 2. It is pointed out that applicant is arrested in above crime on 18.10.2024. That, three persons are named in the FIR, but there is assault by only one, namely, Krushna Sunil Mudde. There are allegations of assault by koyta. Learned counsel pointed out that even CCTV footage crystallizes role of Krusna. Consequently, there is no overt act attributed to present applicant and resultantly, no recovery is to be made at his instance. Charge sheet is filed in December 2024. That, there are no immediate prospects of matter going for trial and hence, bail is urged for. 3. Learned APP opposed on the ground that serious offence of murder is committed. That, applicant was party to the assault. Previously there were threats. There is direct eye witness account and even evidence in the form of CCTV footage. 4. Heard. Perused the FIR dated 17.10.2024. Vimal Trimbak Devkar reported that, her son Shivaji runs private transport. On 17.10.2024, as usual he left the house. Around 9.00 o’clock, she got call from her niece informing that Shivaji has been assaulted by Krushna and Ajay and therefore, she ran there. There, she met her husband also, and he claims to have heard from people about a quarrel being going on, and while reaching there, he saw that Shivaji BA-450-2025 -3- was being assaulted by Krushna and Sunil by means of katti. She further reported that, there were talks of illegal relations of Krushna with a lady and for beating said lady, she had lodged report. It is alleged that her son Shivaji had accompanied the lady for lodging report against Krushna and hence, he had issued threats and in that backdrop, her son was assaulted. 5. Learned APP has invited attention of the Court to statements of so called eye witnesses, namely, Trimbak, Dipak, Yallappa and Dhanaji. On visiting their statements, it is emerging that allegations of assault by koyta are directed against Krushna. Statement made across the bar that, CCTV footage shows assault by only Krushna, has not been refuted by learned APP. In the panchanama, it is stated that person wearing black shirt assaulted by means of koyta. Therefore, there is material suggesting assault by Krushna. He also seems to have some motive. No overt act is attributed to present applicant by so- called above named eye witnesses. Therefore, as charge sheet is now filed, and when there is no article allegedly used by applicant, there is no question of recovery. Hence, I proceed to pass the following order : ORDER I. The application is allowed. BA-450-2025 -4- II. Applicant be released on bail in connection with Crime No. 423/2024 registered at Shivaji Nagar Police Station, District Latur, on executing Personal Bond of Rs. 15,000/- with one surety in the like amount, on the following conditions: [a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not enter village Khadgaon, District Latur till conclusion of trial. [c] The applicant shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. [d] The applicant shall attend the concerned police station twice in every week i.e. on every Thursday and Monday till framing of charge and thereafter, shall regularly attend each and every effective date before the trial court. [ABHAY S. WAGHWASE, J.] vre