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2026 DAILYLAW 7919 (BOM)

GAURAV ALIAS SHAM RAMNATH BHAVAR v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/3418/2026 · 2026-09-07

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Judgment text

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1 3ba1490.26 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 3 BAIL APPLICATION NO. 1490 OF 2026 WITH BAIL APPLICATION NO. 1476 OF 2026 WITH BAIL APPLICATION NO. 1402 OF 2026 WITH BAIL APPLICATION NO. 1479 OF 2026 WITH CRIMINAL APPLICATION NO. 3418 OF 2026 IN BA/1476/2026 WITH CRIMINAL APPLICATION NO. 3419 OF 2026 IN BA/1479/2026 WITH CRIMINAL APPLICATION NO. 3423 OF 2026 IN BA/1402/2026 WITH CRIMINAL APPLICATION NO. 3424 OF 2026 IN BA/1490/2026 YOGESH RAMESH DOIFODE VERSUS THE STATE OF MAHARASHTRA ... Advocate for Applicant : Mr. Satej S. Jadhav h/f Mr. Gore Ravindra Vitthal and Mr. S. R. Shinde (in BA/1490/2026), Mr.J.S. Jain (in Cri.Appln./3424/2026, Cri.Appln./3423/2026), Mr. Mahesh L. Muthai and Mr. Suraj Govind Dhormare (in BA/1402/2026, in BA/1479/2026 & Cri. Appln./3418/2026, in BA/1476/2026 & Cri. Appln./3419/2026), APP for Respondents/State: Mr. K.K. Naik Advocate for Respondent No. 2 : Mr. Jitendra Jain h/f Mr. Riyaz Latif pathan ... CORAM : HITEN S. VENEGAVKAR, J. DATE : 07.09.2026 PER COURT : 1. Heard the learned Advocate for the applicant/s, the learned APP for Respondent No. 1/State, respectively and the learned Advocate 2 3ba1490.26 appears for respondent No. 2. 2. The present applications are for regular bail filed by the applicant/s in connection with Crime No. 402 of 2026, registered with Bidkin Police Station, District Chhatrapati Sambhajinagar, for offences punishable under Sections 109, 189(2), 191(2), 191(3), 190, 115(2), 352, 351(2), 3513), 324(4), 125(a) of the Bhartiya Nyaya Sanhita, 2023. 3. The present applicants are arraigned as an accused persons and have been arrested in connection with the alleged offences on 12.06.2026. Since then they are in custody. The investigation is complete and the charge-sheet has been filed. 4. The prosecution story in brief is that on the date of incident i.e. on 11.06.2026, at about 10.00 p.m. in the night, when the informant was shutting his hotel, at that relevant time, the present applicants along with other co-accused persons came near the hotel and quarreled with the informant as to why he is shutting the hotel and they want to consume the liquor. The informant told them that it is a time of closing hotel, and therefore, now no liquor can be served. Getting angry of this, it is alleged that the applicant Pratim assaulted the informant with steel rod on his head and thereafter accused Aditya assaulted him with fist and blows, accused Vishal assaulted the informant with stone and accused Sachin assaulted the informant with stick. It is the allegation against the Yogesh that in order to prevent the informant from 3 3ba1490.26 contacting any other, he broke his Cell Phone. Due to the assault caused by the applicants, the informant sustained injury to his head and forearm and it is alleged that the eye witness, who came to rescue the informant, was also assaulted on his forearm. The informant was then carried to the hospital and in the hospital, while taking treatment his statement came to be recorded, which came to be culminated into lodging of the FIR against the accused persons for the alleged offences. 5. The investigation is complete and the charge-sheet has already been filed. All the learned Advocates for the applicants submit that the injuries that have been caused are simple in nature and now that the investigation is complete, the further custody of the applicants is unwarranted. 6. The learned APP for the State argues that the applicants are habitual offenders and have criminal antecedents. The learned APP further submits that the applicants are always prepared with deadly weapons, and therefore, they can be bracketed as harden criminals. 7. Taking into consideration the manner of assault levelled against the informant the injuries caused to him, and the threats issued to him not to disclose the incident to police, the same are in themselves, sufficient to reject the present bail applications. 4 3ba1490.26 8. The learned Advocate appearing for the Original Informant submits that even on triable issue the applicants become so aggressive and commits the criminal offences. He further submits that the applicants do not deserve to continue to reside in the society, and therefore, their bail applications should be rejected. 9. Taking into consideration the nature of allegations, gravity of the offences, as well as the nature of the injuries that have been caused to the informant coupled with the fact that the investigation is complete and charge sheet has already been filed. 10, The record further indicates that the applicants were arrested on 12.06.2026 and since then they are in custody till date. Though the investigation specifically reveals that the assault has been caused on the informant and the injuries have been sustained at the hands of the present applicants, still it is important to note that the injuries that are caused are simple in nature. The eye witness’s statement that has been recorded and there is a slight discrepancy between the statement given to the police and the statement recorded under Section 183 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “B.N.S.S.”). However, without going into the merits of these statements, at this stage, the Court is required to consider the fact whether the continued custody of the applicants is necessary. Taking into consideration that the injuries are simple in nature and the 5 3ba1490.26 investigation is already complete, I do not find any reason to continue the custody of the present applicants. 11. In the above circumstances the applications stands allowed. Hence the following order : ORDER (i) All the applicants are released on bail. ii) The applicants shall be released on bail in Crime No. 402 of 2026, registered with Bidkin Police Station, District Chhatrapati Sambhajinagar, for offences punishable under Sections 109, 189(2), 191(2), 191(3), 190, 115(2), 352, 351(2), 3513), 324(4), 125(a) of the Bhartiya Nyaya Sanhita, 2023, on furnishing their personal bonds of Rs. 50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount, subject to the following conditions : a) The applicants shall attend the Bidkin Police Station on every First Monday of the month, till framing the charge as and attend the said Police Station, as and when called by the Investigating Officer, unless his attendance is specifically exempted. b) The applicants are directed to stay outside of the Paithan Taluka, till the evidence of the informant is recorded before the trial Court. c) Any breach of the condition shall entitle the respondent/informant as well as the prosecution to prefer the application for cancellation of the bail. d) The applicant shall not, directly or indirectly, contact, threaten, induce or influence the informant or any prosecution witness and shall not tamper with the prosecution evidence. e) The applicant shall furnish his current residential addresses and mobile numbers to the Investigating Officer 6 3ba1490.26 and the trial Court within seven days of release, intimate any change forthwith, and attend the Investigating Officer upon prior written notice if further investigation is required. f) The applicant shall not leave India without prior permission of the trial Court and, if he possess passports, shall deposit the same with the trial Court within seven days of their release. g) The applicant shall not involve himself in any offence of a similar nature while on bail. h) Breach of any of the above conditions shall entitle the prosecution to apply for cancellation of bail. i) All observations in this order are prima facie and confined to the decision of this bail application. The trial Court shall decide the case independently on the evidence led before it. The Bail Application is disposed of in the above terms. j) All the pending Criminal Applications, if any, shall stand disposed of. (HITEN S. VENEGAVKAR, J.) mahajansb/