15-BA-539-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 539 OF 2026 Omkar Pandurang Zambre … Applicant Versus The State of Maharashtra And Anr. … Respondents —————— Mr. Ramanik Pawar i/b. Mr. Ruturaj Patil for the Applicant. Mr. Shrikant H. Yadav, A.P.P. for the Respondents-State. —————— Coram : MEHROZ K. PATHAN, J. Date : 6th August 2026. PER COURT : 1. The Applicant has approached this Court seeking regular bail in connection with F.I.R. No. 0098 of 2026, dated 06/02/2026, registered with Shahupuri Police Station, District Kolhapur, for the offences punishable under Sections 109, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Mr. Pawar, learned counsel for the Applicant submits that the Applicant is falsely implicated in the present crime only with an intention to wreak vengeance. The Applicant was though present on the date of incident at the spot, however it was a scuffle, which had taken place and free for all, osk 1 of 5 15-BA-539-2026 (CR).docx wherein accused Aditya Randive was also bodily injured and was required to undergo treatment for his injury. The Applicant is attributed assault to deceased Harshwardhan Kondekar as well as witness Sohan Aawale. However, the injuries sustained by them does not show that the same are caused by knife. The allegations are exaggerated only with an intention to invoke stringent provisions to deny the liberty of the present Applicant. The Applicant is arrested on 13/02/2026 and is behind bars since then. The entire investigation is complete. The charge-sheet is also filed. The Applicant is not having any criminal antecedents and is ready to abide by any conditions that may be imposed by this Court. Hence, the Applicant may be released on bail. 3. As against this, learned A.P.P. strongly opposed the bail application on the ground that the Applicant is directly named in the F.I.R. to be assailant, who had used the dangerous weapon knife to assault Harshawardhan as well as Sohan. The injuries sustained by Sohan indicate that he has suffered a stab wound on the chest, which is opined to be grievous in nature. The other injury is described as simple; however, it comprises a contusion and a lacerated wound. The Injury Certificate of Harshawardhan further reveals that he has sustained injuries on the chest wall. Thus, the medical evidence corroborates the allegations made in the F.I.R.. The offence is serious and is punishable with imprisonment for life. Hence, this is not a fit case for osk 2 of 5 15-BA-539-2026 (CR).docx granting bail to the Applicant. 4. I have gone through the chargesheet filed on record by the Applicant. The perusal of the charge-sheet shows that there is a counter F.I.R. No. 99 of 2026, dated 06/02/2026, registered on the complaint of Aditya Randive, who is a co-accused wherein the other injured witnesses Harshawardhan and Shivaji are also arraigned as an accused. The accused Aditya was required to undergo treatment for his grievous injuries and was discharged from the Government Hospital on 24/02/2026 from K-Star Multi-speciality Hospital. The co-accused Aditya was arrested and thereafter released on bail by the learned Sessions Judge vide order dated 13/07/2026 by recording the grievous injuries sustained by Aditya. The CCTV footage of the incident was captured and seized by the prosecution. The entire investigation appears to have been complete. The submission of the learned counsel for the Applicant that the Applicant is deliberately named in the F.I.R., with an intention to wreak vengeance as a counter F.I.R. No. 99 of 2026 filed by Aditya cannot be ruled out at this stage. However, these observations are made only for the purpose of deciding the application. Taking into consideration that the charge-sheet is filed and the Applicant is also not having any criminal antecedents, I am inclined to exercise the discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to release the Applicant. Hence, the following order :- osk 3 of 5 15-BA-539-2026 (CR).docx O R D E R i. The Application is allowed. ii. The Applicant - Omkar Pandurang Zambre be released on bail in connection with F.I.R. No. 0098 of 2026, dated 06/02/2026, registered with Shahupuri Police Station, District Kolhapur, for the offences punishable under Sections 109, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, on furnishing P.R. Bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two solvent sureties in the like amount, on the following conditions :- (A) The Applicant shall attend the concerned Police Station once in every two months, starting from 10/08/2026. (B) The Applicant shall not enter into the jurisdiction of Sangli City Police Station till framing of the charge by the trial Court. (C) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner. (D) The Applicant shall submit his Aadhar Card and Pan Card to the Investigating Officer along with mobile numbers and addresses of two of his near relatives. osk 4 of 5 15-BA-539-2026 (CR).docx (E) The Applicant shall attend the trial on each date of hearing, unless exempted by the Trial Court. 5. Needless to say, a single violation of any of the conditions imposed by this Court shall entitle the prosecution and the complainant to seek cancellation of bail of the present Applicant. 6. The Application stands disposed off accordingly. [ MEHROZ K. PATHAN, J. ] osk 5 of 5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.08.07 12:28:28 +0530