{1} BA-1116-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1024 BAIL APPLICATION NO. 1116 OF 2026 WITH CRIMINAL APPLICATION NO. 2570 OF 2026 IN BA/1116/2026 Gangaprasad s/o. Sitaram Pandvir ….Applicant (Accused No.2) Versus The State of Maharashtra …..Respondent ….. Advocate for Applicant : Mr. Balasaheb N. Magar APP for Respondent : Mr.D.J.Patil Advocate for Informant (Assist to APP) : Mr.Saeed Shaikh (Thr. VC) a/w. Mr.Vishal Thorave ….. CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 09 JULY, 2026 PRONOUNCED ON : 10 JULY, 2026 ORDER : 1. Criminal Application No.2570 of 2026 has been preferred by the original informant, thereby seeking leave to assist learned APP while prosecuting instant bail application. For the reasons mentioned in the application, application is allowed. The applicant is permitted to assist learned APP. The criminal application is accordingly disposed off. 2026:BHC-AUG:27318 {2} BA-1116-2026 2. Applicant seeks grant of regular bail on account of his arrest in Crime No.29 of 2026 registered at Aundha Nagnath Police Station, Tq. Aundha Nagnath, District Hingoli, for offences punishable under Sections 109, 115(2), 118(2), 3(5), 351(2), 352 of the Bharatiya Nyaya Sanhita. 3. Bail is urged on the grounds that, there is false implication. That, there is no overt act attributed to applicant/accused no.2. He is 64 years of age and he happens to be father of accused no.1 against whom there are allegations of assault. According to learned counsel for applicant, only role attributed to applicant is that he instigated his son to carryout assault that too after assault was actually made. That, there is no recovery to be made at his instance. That, chargesheet is already filed on 10-04-2026. That, applicant is behind bars since more than five months. On above grounds, bail is urged for. 4. Learned APP as well as learned counsel for informant both strongly opposed on the grounds that, applicant is named in the FIR for instigating his son for carrying out assault. That, accordingly main accused used axe in inflicting multiples blows, as a result of {3} BA-1116-2026 which one person died. They both took this Court through the contents of FIR and would submit that, there is every possibility of misuse of liberty. On above ground, application is opposed. 5. Heard. Perused the papers. 6. FIR dated 11-01-2026 is at the instance of Shaikh Rauf Shaikh Yasin, who reported that, 15 days back, he had sold four She-goats to applicant Gangaprasad worth Rs.40,000/- and it was agreed to pay the amount on 11-01-2026. Accordingly, he claims that, when they met in Bazar and he demanded price of the She-goats, it is alleged that, there was abuse by applicant Gangaram to the informant, hearing which, his nephew Shaikh Faruq Shaikh Ibrahim came there. At that time, it is alleged that, son of present applicant namely Manohar, who was armed with an axe, assaulted Faruq on head causing him grievous injuries. It is revealed from FIR that, thereafter, present applicant instigated his son to assault both of them, upon which, it is alleged that informant was also assaulted. Informant’s nephew injured Faruq was taken to the hospital and at that time FIR has been registered. It appears that Faruq succumbed to the injuries and he died due to head injury. There are as many as seven abrasion {4} BA-1116-2026 injuries and two puncture wounds on head. Therefore, apparently, assault is by applicant’s son namely Manohar. Role attributed to applicant is of instigation, but sequence of events narrated in FIR shows that, it is after the actual assault. Applicant is 64 years of age, investigation is over and chargesheet is said to filed on 10-04-2026. There is nothing to be recovered from him. Consequently, in the light of such role and taking applicant’s age into consideration, relief as prayed deserves to be granted. Hence, I proceed to pass the following order: ORDER I. The application is allowed. II. Applicant - Gangaprasad s/o. Sitaram Pandvir be released on bail in connection with Crime No.29 of 2026 registered at Aundha Nagnath Police Station, Tq.Aundha Nagnath, District Hingoli, on executing Personal Bond of Rs.15,000/- with one surety in the like amount, on the following conditions: [a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not enter the village where informant resides, till conclusion of trial. ( ABHAY S. WAGHWASE ) JUDGE SPT