8. BA 3337-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3337 OF 2026 Roshan @ Mayur Rajesh Pathade .Applicant Vs. The State of Maharashtra .Respondent Mr. Kuldeep Nikam a/w. Ms. Nishi Singhvi, Advocates, for the Applicant Ms. Shilpa G. Talhar, APP, for the Respondent – State Mr. I. M. Tadwi, Police Constable B. No. 2808, Sarkarwada Police Station, Nashik present CORAM : MILIND N. JADHAV, J. DATE : 01.09.2026 P. C. 1. Heard Mr. Nikam, learned Counsel for the Applicant and Ms. Talhar, learned APP for the Respondent – State. 2. This Application is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short “CRPC”) in connection with C.R.No. 126 of 2024 registered with Sarkarwada Police Station, Nashik for offences punishable under Sections 302, 323, 504, 143, 148 & 149 of the Indian Penal Code, 1860. 3. Mr. Nikam, learned Counsel for the Applicant arraigned as Accused No. 2 draws my attention to the incident in question which is narrated by the witness statement appended at page No. 157. It is Anand 1 of 5 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.01 21:13:02 +0530 8. BA 3337-2026.doc prima facie seen that the victim in question was running as errand on behalf of his family members for purchasing certain items from the grocery store on his motor cycle and he encountered Accused No. 3 – Yogesh Sali who was standing on the road. At that time, Accused No. 3 along with Accused No. 1 had come to the said store to buy cigarettes. An alteration between the parties occurred but it deescalated. This being the precursor incident, when the aforesaid Accused persons once again returned back to buy some more cigarettes at the said grocery store they spotted the victim present over there. They once again threatened and questioned him as to why he had not left the place which led to another altercation between them. By this time, the other three Accused persons also joined them including the Applicant. The Applicant is arraigned as Accused No. 2. The Accused No. 1 & Accused No. 4 have been charged with using a sharp metal object in inflicting two blows on the stomach and thigh of the victim. In the said fight, which erupted between the victim and Accused No. 3, prima facie, insofar as the role of Applicant is concerned, prosecution has not been able to show the precise role of he having taken part in the scuffle, save and except the fact that he was undoubtedly present with the other Accused persons. A specific role has been ascribed to Accused No. 1 and Accused No. 4 of they having used a sharp metal like object for Anand 2 of 5 8. BA 3337-2026.doc inflicting blows on the victim and Accused No. 5 of having held the victim and Accused No. 3 having inflicted kick and fist blows on the victim. 4. In view of the aforementioned prima facie case emanating from the record and no specific role attributed to the Applicant namely Accused No. 2 and in view of the previous Orders passed by this Court, I am inclined to consider the Application of the Applicant for grant of bail. The Applicant is incarcerated since 01.05.2024 for the past two years and four months pending trial. 5. Learned APP would submit that there is one antecedent against the Applicant. However, considering his precise role in the present offence, I am inclined to pass this order and allow the Application. 6. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Roshan @ Mayur Rajesh Pathade is directed to be immediately released from prison in connection with CR. No. 126 of 2024; (ii) Applicant is directed to be released on bail on furnishing P .R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one surety of the like amount; Anand 3 of 5 8. BA 3337-2026.doc (iii) Applicant shall report to the Investigating Officer at Sarkarwada Police Station, Nashik, 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) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and Anand 4 of 5 8. BA 3337-2026.doc (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 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.) Anand 5 of 5