1 914 BA.1254.2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 914 BAIL APPLICATION NO. 1254 OF 2025 NARENDRA ALIAS LADDYA RAJU WADILE VERSUS THE STATE OF MAHARASHTRA ... Advocate for Applicant : Mr. A. R. Syed, h/f Mr. Sushil P. Pandit. APP for Respondent / State : Mr. N. B. Patil. Advocate for assist to PP : Mr. Rahul R. Raghuwanshi. ... CORAM : SANJAY A. DESHMUKH, J. DATE : 10th October, 2025. P.C.: 1 Heard. 2 This is an application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “the BNSS”), for grant of regular bail in connection with Crime No.613 of 2024, registered with Nandurbar City Police Station, District Nandurbar, for the offence punishable Section 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “the BNS”). 3 The learned counsel for the applicant pointed out the report, in which it is averred that on 12th October, 2024, when the informant reached to the temple of his ancestors, the applicant and 2025:BHC-AUG:28831 2 914 BA.1254.2025.odt co-accused Gaurav Rohidas Khedkar came there. At that time, the applicant was holding a knife and co-accused Gaurav was holding a Gupti. Both of them assaulted on the neck of the informant and other parts of the body. The informant sustained injures to his neck, back, chest, right shoulder as well as the finger and wrist of the left hand. The blood was oozing from the injuries. The accused ran away. Thereafter, the report was lodged. 4 The learned counsel for the applicant submitted that the applicant is arrested on 13th October, 2024. The applicant has roots in the society and he will not flee away from the trial. Trial will take a long period. The injuries sustained to the informant are simple in nature and the ingredients of Section 109(1) of the BNS are not establishing from the entire charge-sheet. It is lastly prayed to allow the application. 5 The learned APP for the State and the learned counsel for assist to Prosecution strongly opposed the application and submitted that co-accused Gaurav was prosecuted in another crime, in which the informant was a witness. Therefore, co-accused Gaurav alongwith the applicant assaulted the informant on his vital part of body i.e. neck. Though the injuries are shown simple, it establishes the essential ingredients of attempt to commit murder. One injury at the backside of 3 914 BA.1254.2025.odt the informant shown as grievous injury. Considering the role of the applicant, it is lastly prayed to reject the application. 6 Perused the charge-sheet, particularly, the report and the statements of witnesses as well as the injury certificate. 7 The applicant has no criminal antecedents. The applicant is behind the bars for about one year. The applicant has roots in the society and he will not flee away from the trial. Trial will take a long period. Considering all these aspects, the application deserves to be allowed on the principle that bail is rule and jail is exception, on certain conditions. Hence, the following order:- O R D E R I. The application is allowed. II. The applicant in connection with Crime No.613 of 2024, registered with Nandurbar City Police Station, District Nandurbar, for the offence punishable Section 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita, be released on bail on furnishing personal bond of Rs.25,000/- with surety of the like amount on following conditions:- a) The applicant shall not pressurize the prosecution witnesses and shall not tamper with 4 914 BA.1254.2025.odt the prosecution evidence, in any manner. b) The applicant shall not enter into Nandurbar city and also Navapur Tahsil, District Nandurbar, till the conclusion of trial, except on the dates fixed by the Trial Court for attending the trial. [ SANJAY A. DESHMUKH, J. ] nga