32-BA-417-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 417 OF 2026 Himmatrao Vajinath Patil … Applicant Versus The State of Maharashtra And Anr. … Respondents —————— Mr. Prabodhan Jadhav a/w. Kiran Ghodake & Kshitija Gondkar for the Applicant. Mr. Nitin B. Patil, A.P.P. for the Respondents-State. —————— Coram : MEHROZ K. PATHAN, J. Date : 27th July 2026. PER COURT : 1. The Applicant has approached this Court seeking regular bail in connection with F.I.R. No. 0287 of 2025, dated 04/05/2025, registered with Tembhurni Police Station, District Solapur Rural, for the offences punishable under Sections 109, 118(1), 333, 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Learned counsel for the Applicant Mr. Jadhav submits that the Applicant is arrested on 25/05/2025 and is behind bars since then. The Applicant is falsely implicated in the present crime. There are other co- osk 1 of 4 32-BA-417-2026 (CR).docx accused, who are already released on regular bail by this Court vide orders (i) dated 25/02/2026 passed in Criminal B.A. No. 3787 of 2025 in Anantrao Vaijinath Patil Vs. The State of Maharashtra and (ii) dated 01/04/2026 passed in Criminal B.A. No. 257 of 2026, Maharudra @ Mahesh Vaijinath Patil Vs. The State of Maharashtra, who are identically placed, are alleged of assaulting the victim and attempt to commit murder charges are also invoked against them, and they are released on regular bail. Learned counsel for the Applicant further submits that the Applicant is having three past criminal antecedents. However, the Applicant is acquitted in two offences and one offence is pending. The Applicant is ready to abide by any conditions that may be imposed by this Court. The investigation is complete. No fruitful purpose will be served by continuing the incarceration of the Applicant. The charges are framed, however no witness is yet examined. The trial will take its own time to conclude. Hence, the Applicant may be released on regular bail. 3. As against this, learned A.P.P. strongly opposed the bail application on the ground that the Applicant and the victim are residents of the same village. Taking into consideration the criminal antecedents of the Applicant, there is every likelihood that the Applicant may indulge in a similar offence and threaten the complainant and other witnesses. The Applicant is the main accused, who has been attributed the role of assaulting on the vital parts of osk 2 of 4 32-BA-417-2026 (CR).docx the complainant, i.e., left forearm and face, causing grievous injuries which could result in the death of the complainant. The Applicant is a history- sheeter and has every motive to commit murder. Hence, there is sufficient material prima facie to establish the offence under Section 109 of the B.N.S.S.. Therefore, this is not a fit case to release the Applicant on regular bail. 4. I have gone through the investigation papers, which have now culminated in to filing of the chargesheet. The perusal of the same shows that the Applicant though directly arraigned as one of the accused, however the two injuries sustained by the complainant appears to be simple in nature and only one grievous injury is sustained by the complainant-Dattatraya, which was on a non-vital part, i.e., the forearm and face. 5. Be that as it may, these are prima facie observations made only for the purpose of deciding the application. Since the Applicant has been acquitted in his past criminal offences registered against him and the Applicant is ready to abide by any conditions that may be imposed by this Court, and is behind bars since 25/05/2025, I am inclined to release the Applicant. The apprehensions of the learned A.P.P. can be taken care of by imposing stringent conditions. Hence, the following Order :- O R D E R i. The Application is allowed. osk 3 of 4 32-BA-417-2026 (CR).docx ii. The Applicant - Himmatrao Vajinath Patil be released on bail in connection with F.I.R. No. 0287 of 2025, dated 04/05/2025, registered with Tembhurni Police Station, District Solapur Rural, for the offences punishable under Sections 109, 118(1), 333, 352, 351(3), 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 three months, starting from 05/08/2026, till conclusion of the trial. (B) The Applicant shall not enter into the jurisdiction of the Tembhurni Police Station, except for attending the aforesaid dates, till conclusion of the trial. (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. 6. 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. 7. The Application stands disposed off accordingly. [ MEHROZ K. PATHAN, J. ] osk 4 of 4 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.07.28 14:47:44 +0530