947-BA-900-26.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 947 BAIL APPLICATION NO. 900 OF 2026 Amjad @ Pappu S/o. Ajmal Khan VERSUS The State Of Maharashtra WITH CRIMINAL APPLICATION NO. 1850 OF 2026 IN BA/900/2026 Mohd Javeed Gulam Mohiuddin VERSUS The State of Maharashtra and Another ...... Mr. PP. Giri, Advocate h/f Mr. Y.G. Kasod, Advocate for Applicant Mr. S.A. Gaikwad, APP for Respondent-State Mr. G.R. Syed, Advocate for the Assist to APP ...... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 17 JUNE, 2026 PER COURT : 1. Heard learned counsel Mr. P.P. Giri, Advocate holding for Mr. Y.G. Kasod, for the applicant, learned APP for respondent-State and learned counsel Mr. G.R. Syed for assisting the APP. 2. Criminal Application No.1850 of 2026 is filed seeking permission to assist the learned APP. For the reasons stated therein, the application is allowed. The applicant therein is permitted to assist the learned APP. The application stands disposed of accordingly. 2026:BHC-AUG:23730 947-BA-900-26.odt 2 3. By the present application, the applicant seeks his release on bail in connection with Crime No. 456 of 2025 registered with Shivajinagar Police Station, District Nanded, for the offences punishable under Sections 109, 324(4), 115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 4. Learned counsel for the applicant submits that the crime came to be registered on the basis of a report lodged by one Moij Mohiuddin alleging that the applicant assaulted Mohammad Javed, cousin of the informant, by means of a sword. It is submitted that though allegations are made regarding assault by a deadly weapon, the injuries sustained by the injured have ultimately been certified to be simple in nature. Learned counsel further submits that the investigation is complete and charge-sheet has already been filed. The applicant is in custody since 13.02.2026. According to him, no further custodial interrogation of the applicant is necessary. He submits that the applicant is ready and willing to abide by any condition that may be imposed by this Court. On these grounds, he seeks grant of bail. 5. Per contra, learned APP and learned counsel assisting the prosecution strongly oppose the application. They submit that the applicant had actively participated in the assault and inflicted sword blows on the victim. The weapon used in the commission of the offence has also been recovered. It is further submitted that the applicant has criminal antecedents and was convicted in Sessions Case No.24 of 2014. According to them, considering the specific role attributed to the applicant and the nature of the 947-BA-900-26.odt 3 allegations, no case for grant of bail is made out. They further apprehend that, if released on bail, the applicant may influence prosecution witnesses and indulge in similar activities. Hence, they pray for rejection of the application. 6. have considered the submissions advanced by the learned counsel for the applicant, learned APP for the State and learned counsel assisting the prosecution. I have also perused the FIR, charge-sheet and the material placed on record. 7. However, the material collected during investigation indicates that the injuries sustained by the injured have been opined to be simple in nature. The investigation is complete and charge-sheet has already been filed. The applicant has been in custody since 13.02.2026. Therefore, his further custodial of the applicant is not necessary. Though the prosecution has pointed out the antecedents of the applicant and the recovery of the weapon, those circumstances cannot be grounds to deny bail indefinitely, particularly when the investigation is over and the injuries suffered by the injured are simple in nature. The apprehension expressed by the prosecution regarding tampering with evidence or influencing witnesses can be adequately addressed by imposing stringent conditions. Hence, the following order: ORDER I. The application is allowed. 947-BA-900-26.odt 4 II. Applicant – Amjad @ Pappu S/o Ajmal Khan be released on bail in connection with Crime No. 0456 of 2025 registered with Shivajinagar Police Station, District Nanded, for the offences punishable under Sections 109, 324(4), 115(2), 352, 3(5) of of the Bharatiya Nyaya Sanhita, 2023, on executing a Personal Recognizance Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount, subject to the following conditions: (a) Till conclusion of the trial, the applicants shall not enter the territorial limits of District Nanded except for attending the proceedings before the Trial Court. (b) The applicants shall furnish to the Investigating Officer their mobile numbers and complete residential addresses of the place where they intend to reside outside District Nanded and shall keep the Investigating Officer informed of any change therein. (c) The applicant shall not tamper with the prosecution evidence and shall not threaten or induce prosecution witness. (d) In the event of breach of any of the aforesaid conditions, it shall be open for the prosecution to move the competent Court for cancellation of bail. III. Needless to state that the observations made herein are prima facie in nature and confined to the adjudication of the present bail application. The Trial Court shall not be influenced by any of the observations made in this order while deciding the case on its own merits. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane