901-BA-1630-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1630 OF 2026 Sachin Madhukar Tayde ..APPLICANT VERSUS State of Maharashtra ..RESPONDENT .... Ms. R.S. Kulkarni a/w Mr. A.R. Kachole, Advocates for applicant Mr. K.K. Naik, A.P.P. for respondent - State .... CORAM : HITEN S. VENEGAONKAR, J. DATE : 29th SEPTEMBER, 2026 PER COURT : 1. Heard learned counsel for the applicant and learned A.P.P. for State. With the assistance of both the learned counsel I have also perused the copy of charge-sheet which came to be subsequently filed after the present application was preferred in this Court. 2. The prosecution story in brief is that the informant, which is also a farmer, had political enmity with Accused No.1 – Pravin, and therefore, there used to be regular quarrels between them. On the date of incident, when the informant was proceeding towards his agricultural field on his motorcycle, at that time Accused No.1 came on his tractor and tried to side-cut him on the road. Being annoyed with the said conduct, the informant stopped him and at that time there was quarrel between both of them. It is alleged that 1 / 5 2026:BHC-AUG:44690 901-BA-1630-26.odt Accused No.1 thereafter made a telephonic call and asked Accused Nos. 2 to 4 to reach the spot. Accordingly, other accused persons reached the spot. The allegations pertain to assault by use of spade on the head of the informant and while there was scuffle, there was an injury to the head caused by a stick at the behest of present applicant. The incident dated 06th June, 2026 has been reported to the police on 15th June, 2026. The present applicant came to be arrested on the same date i.e. on 15th June, 2026 and since then he is in custody. 3. Learned counsel for the applicant submits that going by the prosecution story itself the role of the present applicant is very minimal. The allegation pertains to a single injury caused to the injured witness, who was accompanying the informant. The assault is alleged to have been caused by a stick. She refers to the injury certificate of the injured witness – Sunil which makes a reference that the injury is on the head and describes the same as simple injury. Admittedly, there are no allegations against the present applicant that he has assaulted the informant with whom the alleged incident has actually started. There is also no allegation against the present applicant that he assaulted to the informant and participated in any quarrel, though there are allegations pertaining to assault by fist and blow. She argues that there is no intention and the ingredients of Section 307 of the B.N.S. are absolutely not attracted. Taking into consideration the period undergone, she prays that the application be allowed and the applicant be released on bail. 2 / 5 901-BA-1630-26.odt 4. Learned A.P.P. vehemently opposed the application by stating that the role is specifically assigned to the present applicant. The allegation of assault on the head of injured witness – Sunil is also specifically attributed to the present applicant. Head being a vital part of the body, intention will have to be inferred from the manner in which the assault has been caused. He further argues that although the accused persons had reached the spot with preparation, the present applicant was carrying stick alongwith him. He also argued that anticipatory bail applications of the co-accused persons are pending, and therefore, releasing of present applicant at this stage will affect further investigation, which is required to be carried out as far as Accused No.1 is concerned. He, thus prays that application be rejected. 5. I have perused the entire charge-sheet. No doubt, the allegations leveled against the present applicant and against the co-accused persons are specific and all other accused persons have been named in the F.I.R. Even though the role that has been attributed to the present applicant if taken into consideration, case of the prosecution is to the extent of one single blow of stick on the head of the injured – Sunil. Taking cue from the prosecution story itself, the injury certificate which is annexed to the charge-sheet also suggests that there is an injury on the head. However, the same is of simple nature. The prosecution has not brought all material on record to suggest that accused persons have conspired together and with an intention had reached the spot to commit murder of the informant – Samadhan. The entire 3 / 5 901-BA-1630-26.odt allegations of the prosecution story are mainly against Accused No.1, who assaulted the informant with whom he had political enmity. 6. Taking into consideration the role attributed to the present applicant and the nature of injury i.e. caused to the injured witness at the instance of present applicant and furthermore that the investigation is complete and the charge-sheet has also been filed, I do not find any reason to continue custody of the present applicant. In the above circumstances, the application stands allowed. Hence the following order :- ORDER (i) The Bail Application is allowed. (ii) The applicant shall be released on bail in Crime No. 233 of 2026 registered with Yaval Police Station, District Jalgaon, for the offences punishable under Sections 109(1), 115(2), 3(5) and 352 of the Bharatiya Nyaya Sanhita, 2023, on furnishing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two solvent surety in the like amount, subject to the following conditions : a) The applicant shall attend the trial Court on every date fixed, unless his attendance is specifically exempted. b) The applicant shall not, directly or indirectly, contact, threaten, induce or influence the informant or any prosecution witness and shall not tamper with the prosecution evidence. 4 / 5 901-BA-1630-26.odt c) The applicant shall furnish his current residential address and mobile number to the Investigating Officer and the trial Court within seven days of release, intimate any change forthwith, and attend the Investigating Officer upon prior written notice if further investigation is required. d) The applicant shall not leave India without prior permission of the trial Court and, if he possesses passport, shall deposit the same with the trial Court within seven days of his release. e) The applicant shall not involve himself in any offence of a similar nature while on bail. f) Breach of any of the above conditions shall entitle the prosecution to apply for cancellation of bail. (iii) All observations in this order are prima facie and confined to the decision of this bail application. The trial Court shall decide the case on the evidence led before it. (iv) The Bail Application is disposed of in the above terms. ( HITEN S. VENEGAONKAR, J. ) SSD 5 / 5