903-BA-618-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 618 OF 2026 Gangadhar Yashwant Pawar …...Applicant Versus. The State of Maharashtra …...Respondent ----- Mr. Atharva R. Bhingardeve (Through V.C.) for Applicant. Ms. Mahalakshmi Ganpathy, A.P.P. for the Respondent-State. Officer : PSI Mr. Amit Khot, Miraj Rural Police Station, Sangli, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 29th September 2026. PER COURT : 1. Heard, Mr. Atharva Bhingardeve, learned Advocate for the Applicant and Ms Mahalakshmi Ganpathy, learned A.P.P. for the Respondent-State. 2. By the present Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.), the Applicant seeks Regular Bail in connection with Crime No. 452 of 2023, dated 22nd October 2023, registered at Miraj Rural Police Station, Dist. Sangli, for offences punishable under Sections 302, 354(B), 452, 323, 143, 147, 148, and 149 of the Indian Penal Code. osk 1 of 5 903-BA-618-2026 (CR).docx 3. Mr. Atharva Bhingardeve, learned Advocate for the Applicant, submits that there are ten (10) accused in Crime No. 452 of 2023. The Applicant is Accused No. 6. He states that Crime No. 452 of 2023 is registered as Sessions Case No. 19 of 2024 and is pending before the Court of the Sessions Judge, Sangli (“Trial Court”). 4. In brief, the prosecution case is that Charas Pawar (deceased), the husband of the Informant (Dipali Pawar), was assaulted by the accused in Crime No. 452 of 2023 and murdered with sharp weapons. During the assault, the Applicant (Accused No. 6) pushed the Informant and outraged her modesty. 5. Applicant was arrested on 22nd November 2023. The Bail Application (Exhibit 91) filed in Sessions Case No. 19 of 2024 was rejected by the Trial Court on 13th February 2026. 6. Mr. Atharva Bhingardeve, learned Advocate for the Applicant, submits that the Applicant is said to have pushed the Informant and outraged her modesty. He submits that apart from the said allegation, there are no allegations against the Applicant of having either assaulted or committed the murder of the deceased. He submits that Kumar Pandurang Pawar (Accused No. 9) and Panesh Gavaja Pawar (Accused No. 10), have been released on bail by this Court in the said crime. osk 2 of 5 903-BA-618-2026 (CR).docx 7. Mr. Atharva Bhingardeve, learned Advocate for the Applicant, states that although charge is framed in Sessions Case No. 19 of 2024, no witnesses have been examined to date. 8. Ms. Mahalakshmi Ganpathy, learned A.P.P. for the Respondent-State, submits that the allegations against the Applicant in the F.I.R. are that the Applicant pushed the informant and threw her on the floor. She, by referring to the statement of the Informant recorded under Section 164 of the Cr.P.C., submits that the Informant has maintained her statement recorded under Section 161 of the Cr.P.C. and further elaborated that the Applicant outraged her modesty. 9. Perused the record with the assistance of the learned Advocates. 10. As per the F.I.R., the Applicant's involvement in the present crime is of pushing the Informant to the ground. As per the statement of the Informant recorded under Section 164 of the Cr.P.C., as relied upon by Ms. Mahalakshmi Ganpathy, learned A.P.P., the Informant has improvised her statement that apart from pushing her to the ground, the Applicant caught hold of her hand and threatened her. 11. Prima facie, the allegations suggest that the Applicant's involvement in Crime No. 452 of 2023 would attract the offence under Section 354-B of the IPC. There are no allegations or overt acts attributed to the Applicant in osk 3 of 5 903-BA-618-2026 (CR).docx relation to the assault on the deceased. 12. The Applicant has been in jail since 22nd November 2023, i.e. for almost two years and eleven months. The statement of Mr. Atharva Bhingardeve that although charge is framed in Sessions Case No. 19 of 2024, no witnesses have been examined to date, is not contested by Ms. Mahalakshmi Ganpathy, learned A.P.P. for the Respondent-State. 13. Considering the role assigned to the Applicant in Crime No. 452 of 2023, the duration of his incarceration and the fact that the trial has not commenced, the Applicant's continued detention pending trial in Sessions Case No. 19 of 2024 is not warranted. 14. In view of the above, the Criminal Bail Application No. 618 of 2026 is allowed on the following terms and conditions : (a) The Applicant in Crime No. 452 of 2023, dated 22nd October 2023, registered with Miraj Rural Police Station, Dist. Sangli, shall be released on bail upon furnishing a P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand only), with one or two sureties in the like amount to the satisfaction of the Trial Court in Sessions Case No. 19 of 2024. (b) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. osk 4 of 5 903-BA-618-2026 (CR).docx (c) The Applicant shall not tamper with evidence in any manner. (d) The Applicant shall, within three (3) days of his release, provide the Investigating Officer with his residential address along with proof, his contact numbers and must inform the Investigating Officer of any changes to this information from time to time. (e) The Applicant shall appear and report to the Investigating Officer at Miraj Rural Police Station, Sangli, on the second Monday of every month, commencing from 12th October 2026 till the conclusion of the trial in Sessions Case No. 19 of 2024. (f) The Applicant shall regularly attend the proceedings before the Trial Court in Sessions Case No. 19 of 2024 unless exempted by the Trial Court. If the Applicant fails to appear before the Trial Court on the date fixed in Sessions Case No. 19 of 2024, it will be considered a breach of condition and the Trial Court will be at liberty to pass appropriate orders. (g) If the Applicant breaches any of the aforesaid conditions, the prosecution may seek cancellation of bail. 15. The Criminal Bail Application No. 618 of 2026 stands disposed. [ ASHWIN D. BHOBE, J. ] osk 5 of 5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.30 10:21:39 +0530