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2026 DAILYLAW 18908 (BOM)

RAJU KARBHARI AHIRE AND ANR v. STATE OF MAHARASHTRA

BA/3888/2026 · 2026-10-14

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Judgment text

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10.BA.3888.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3888 OF 2026 1. Raju Karbhari Ahire .. And 2. Somnath Sahebrao Ahire .. Applicants Versus The State of Maharashtra .. Respondent ....................  Mr. Manthan Chaudhari, Advocate for Applicants.  Ms. Rajeshree V. Newton, APP for Respondent – State. ................... CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 14, 2026 P.C. : 1. Heard Mr. Chaudhari, learned Advocate for Applicants and Ms. Newton, learned APP for Respondent – State. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in connection with C.R. No.468 of 2026 registered with Yeola Taluka Police Station for offences punishable under Sections 310(2), 311, 118(2), 118(1), 189(2), 191(2), 191(3), 190, 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023. 3. Applicants before me is one of 19 accused persons in the present crime wherein it is seen that there is a complaint and also a cross-complaint filed with regard to the incident in question which 1 of 4 10.BA.3888.2026.doc occurred on 23.08.2026 in the agricultural field belonging to the Complainant. The record prima facie shows that there is a long standing civil dispute with regard to entitlement of Gat No.70 in village Khamgaon Shivar pending before the Civil Court at Taluka Niphad, District Nashik and in that case an order was passed by the Civil Court, pursuant to which, the District Collector passed certain directors regarding erection of boundary. When this work of erection of boundary was going on, it is alleged by the Complainant that family members of Applicants came over there and had an altercation which led to a scuffle, and ultimately a free fight between both the groups. 4. As per eyewitness account, it is seen that in the process both parties pelted members of each party with stones from the field. They all did suffer certain injuries, but the injury certificate has not been obtained. Considering the aforesaid prima facie facts and the motive of the incident in question, and the allegation against Applicants regarding Accused No.1 having assaulted the Complainant with a wooden stick / log and Accused No.2 having grabbed cash amount of Rs.9,300/- from the Complainant are prima facie doubtful. 5. Needless to state that complicity of Applicants shall be proved by prosecution at trial. Applicants have made out a case for grant of bail. 2 of 4 10.BA.3888.2026.doc 6. Hence, in view of above prima facie observations and findings, Bail Application of Applicants is allowed subject to the following terms and conditions:- (i) Applicants are directed to be immediately released from prison in connection with CR. No.468 of 2026; (ii) Applicants are directed to be released on bail on furnishing P.R. Bond of Rs.10,000/- (Rs. Ten Thousand only) each with one or two sureties in the like amount; (iii) Applicants shall report to the Investigating Officer at concerned Police Station, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicants shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicants shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicants shall not leave the State of Maharashtra without prior permission of the Trial Court; 3 of 4 10.BA.3888.2026.doc (vi) Applicants shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicants shall keep the Investigating Officer informed of their current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in their residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicants. 7. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 8. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 4 of 4 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.10.14 19:53:17 +0530