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2025 DAILYLAW 72117 (BOM)

SHIVAJI KRUSHNA NAIK v. THE STATE OF MAHARASHTRA

ABA/2479/2025 · 2025-12-19

Shri Shivkumar Dige

body2025

Judgment text

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1-ABA-2479-2025 (CR).DOC Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2479 OF 2025 Shivaji Krushna Naik ...Applicant Versus The State Of Maharashtra ...Respondent ------- Mr. Satyajeet Shegunshi Advocate for the Applicant. Mr. S. H. Yadav, APP for the Respondent-State. ------- CORAM : SHIVKUMAR DIGE, J. DATE : 19th DECEMBER, 2025 P.C. 1. By this application, the applicant is apprehending arrest in crime no.465 of 2025 registered with Miraj Rural Police Station Dist- Sangli for the offences punishable under Sections 109, 189(2), 191(2), 191(3) and 190 of Bharatiya Nyay Sanhita, 2023 and under Section 37(1)(c) of Maharashtra Police Act, 1951. 2. It is prosection’s case that on 3rd September, 2025 at around 4.30 p.m. the applicnt and co-accused assaulted the first informant with knife, bottles and stone with intention to kill him. 3. It is contention of learned counsel for the applicant that the allegations against the applicant are that he assaulted the first HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2025.12.23 18:22:30 +0530 1-ABA-2479-2025 (CR).DOC informant, but there are no allegatios againt the applicant by which weapon, the applicant assaulted him. There are allegations against the co-accused of assaulting the first informant with weapon. Considering the allegations against the applicant, his custodial interrogation is not required and requested to allow the application. 4. It is contention of learned APP that the first informant is suffered greivous injuries due to assault by the applicant and co- accused. The applicant had motive to assault the first informant as there was dispute between the applicant and the first informant. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application. 5. I have heard both the learned counsel, perused the FIR and documents produced on record. 6. There are 13 accused in the present crime out of which 9 accused have been arrested and released on bail. The allegations against the applicant are that he assaulted the first informant, but there are no specific allegations that by which weapon he assaulted the first informant. The main allegaions are against co-accused. Considering these facts, custodial interrogation of the applicant is not required and I pass following order : O R D E R 1-ABA-2479-2025 (CR).DOC I. Application is allowed II. In the event of arrest, applicant be enlarged on bail in crime no.465 of 2025 registered with Miraj Rural Police Station Dist- Sangli on furnishing P. R. Bond in the sum of Rs. 20,000/- with one or two sureties in the like amount. III. The applicant shall attend the concerned police station as and when required. IV. The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. 7. Application is disposed of in above terms. 8. 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. 9. All concerned to act on authenticated copy of this order. (SHIVKUMAR DIGE, J.)