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Bombay High Court

VISHAL BABASAHEB KOLPE AND OTHERSversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The court granted regular bail to Haribhau Bhaurao Kolpe, Sagar Babasaheb Kolpe and Machindra @ Devidas Rakhma Kolpe, while dismissing Vishal Babasaheb Kolpe’s application as withdrawn.

Summary

The Bombay High Court (Aurangabad Bench) considered bail applications of four accused in a case of assault with iron rods, wooden sticks and other weapons under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged a coordinated attack on the informant’s family causing both simple and grievous injuries, with two co‑accused already on anticipatory bail and two absconding. The defence highlighted inconsistencies in witness statements and argued that the injuries attributable to the three applicants were largely simple, invoking the principle of parity with co‑accused who had been released. After examining a detailed injury chart, the court found no clear link between the grievous injuries and the three applicants and noted that the investigation was complete and a charge‑sheet filed. Consequently, the court dismissed Vishal Babasaheb Kolpe’s application as withdrawn and granted regular bail to Haribhau Bhaurao Kolpe, Sagar Babasaheb Kolpe and Machindra @ Devidas Rakhma Kolpe subject to stringent conditions.

Issues considered

  • Whether regular bail should be granted to the accused pending trial under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the principle of parity with co‑accused on anticipatory bail applies to the present applicants.
  • Whether the nature and extent of injuries attributable to each accused justify denial of bail.
  • Impact of two co‑accused being absconding on the grant of bail to the remaining accused.

Legislation cited

Subjects

  • regular bail
  • anticipatory bail
  • parity principle
  • assault
  • grievous injury
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail conditions

Judgment

2026:BHC-AUG:45752
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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             BAIL APPLICATION NO. 1388 OF 2026

          Haribhau Bhaurao Kolpe                                ..APPLICANT
                   VERSUS
          State of Maharashtra                                  ..RESPONDENT

                             BAIL APPLICATION NO. 1393 OF 2026

          1. Vishal Babasaheb Kolpe
          2. Sagar Babasaheb Kolpe
          3. Machindra Rakhma Kolpe
             @ Devidas Rakhma Kolpe                             ..APPLICANTS
                   VERSUS
          State of Maharashtra                                  ..RESPONDENT

                                              ....
          Ms. R.S. Kulkarni a/w Mr. A.R. Kachole, Advocates for applicants
          Ms. A.S. Deshmukh, A.P.P. for respondent - State
                                              ....

                                          CORAM : HITEN S. VENEGAVKAR, J.
                                          DATE : 29th SEPTEMBER, 2026

          PER COURT :

          1.          Heard learned counsel for the applicants and learned A.P.P. for

          State.


          2.          The applicants have preferred the present applications seeking

          regular bail in connection with Crime No. 61 of 2026 registered with

          Kopergaon Gramin Police Station, Dist. Ahilyanagar dated 18th February, 2026



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for the offences punishable under Sections 115(2), 118(1), 119(1), 189(2),

190, 191(2), 191(3), 324(4), 351(2) and 352 of the Bharatiya Nyaya Sanhita,

2023.


3.         In all there are eights accused persons added in the said crime out

of which four accused / applicants are before this Court, who came to be

arrested on 10th April, 2026 (Applicants – Vishal, Sagar and Machindra @

Devidas), as far as applicant – Haribhau is concerned, he came to be arrested

on 06th June, 2026.


4.         At the outset, after completion of hearing this Court showed its

disinclination to grant bail to Applicant – Vishal Babasaheb Kolpe, and

therefore upon instructions, learned counsel for the applicants seeks

permission to withdraw the application to his extent with liberty to file fresh

bail application after the charges are framed by the trial Court.


5.         Permission is granted.     Criminal Application No. 1393 of 2026

stands dismissed as withdrawn to the extent of Applicant No.1 – Vishal

Babasaheb Kolpe, with liberty to file fresh bail application after a period of

one year from today or from the date of framing of charges, whichever is

earlier.


6.         The prosecution story in brief is that there seems to be a prior

enmity between the complainant’s family and the accused persons.                 It is


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alleged that on 17th February, 2026 when a woman relative of informant was

washing clothes outside the house near the road, at that time accused – Vishal

Kolpe whistled addressing to her, and therefore, there was a quarrel between

Vishal and the informant’s relatives. Accused - Vishal was also slapped by

Meera, who is relative of the informant and they have also proceeded to lodge

a police complaint at Kopergaon. On subsequent day i.e. on 18 th February,

2026 at about 09:30 in the morning it is alleged that all the eight accused

persons forcibly entered into the house of the informant with iron rod and

wooden stick and started assaulting the informant as well as the other family

members of the informant. During the said assault, the informant alongwith

other family members sustained simple as well as grievous injuries, which

includes fracture and thereafter causing destruction to the other movable and

immovable properties of the informant. The accused persons left the spot.

The informant and the injured persons were taken to the hospital for medical

treatment and accordingly injury certificates have been issued narrating the

nature of injuries sustained by each of the injured. The F.I.R. came to be

registered and the investigation thus proceeded and as on date the charge-

sheet has been filed against present four applicants.


7.         Learned A.P.P., at the outset, submits that there are in all eight

accused persons, out of which accused viz. Namdeo Shivaji Kolpe and Sanjay

Bapu Kolpe have been granted anticipatory bail by this Court, while two other

persons viz. Satish Bapu Kolpe and Babasaheb Kolpe are absconding and have

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not been available for investigation. Their anticipatory bail application has

been rejected and she has no instructions whether either of them have

approached the Hon’ble Supreme Court. However, the fact remains that they

are unavailable for the purpose of investigation.


8.         The investigation, as far as present four applicants are considered,

is completed and the charge-sheet is filed in which the statement of several

eye witnesses as well as the injured witnesses have been recorded.


9.         Learned counsel for the applicant submits that the version given by

the informant as well as of the injured witnesses do not match with each

other and there are several discrepancies and omissions as far as prosecution

story is considered. She submits that the allegations pertaining to each of the

individual accused person should be looked from an angle of finding out

whether all of them are involved in the assault to each of the injured. She

submits that except accused – Vishal, the role attributed to other applicants of

assault are not pertaining to the injuries of serious and grievous nature, but

the injuries are simple in nature. Taking into consideration that it was a

cumulative assault at the instance of all the accused persons, granting

anticipatory bail to co-accused -     Namdeo Shivaji Kolpe and Sanjay Bapu

Kolpe becomes relevant. She argues that the role attributed to Namdeo and

Sanjay is para-materia to the role attributed to the accused – Haribhau, Sagar

and Machindra @ Devidas.        Thus, by applying the law of parity, these


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applicants, who are in custody since April 2026, deserves to be released on

bail.


10.           Learned A.P.P., however vehemently argued and opposed the

present application.     She submits that the role attributed to Namdeo and

Sanjay should distinct to the present applicants. The present applicants are

involved in the assault to each and every injured witness including the

informant. The nature of injuries may differ but the fact remains that few of

the injured witnesses were brutally attacked and assaulted, thereby causing

grievous and serious injuries, such as fracture. The nature and manner in

which the entire offence has taken place shows that the applicants have no

fear of law. The period they have undergone is not proportionate to the

offence that has been alleged against them and the role that has been

attributed.     Taking into consideration that two accused persons are still

absconding and they are not available for investigation, release of present

applicant on bail will hamper the progress of investigation. She, therefore,

prays that the application be rejected.


11.           I have heard the submissions of both the learned counsel and have

gone through the entire charge-sheet that has been placed before me. No

doubt, the manner in which the assault has been caused and the entire

incident that has taken place narrates and satisfies that the applicants

themselves by preparation have reached the spot of incident, entered into the


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residential house of the informant and have brutally assaulted each and every

family member, including the women and the house with weapons like iron

rods, wooden stick and plastic stick. The injuries that have been sustained by

each of the applicants corroborates the allegations that are levelled by the

informant and other injures witnesses in their respective statements. Thus,

there is no doubt in my mind that the alleged incident has prima facie taken

place and his supported by several statements and the injured certificates.

Still the fact remains that the application that is being considered is an

application for grant of regular bail pending trial. Taking into consideration

the individual role that has been assigned to the present applicants, following

chart will assist to narrate as to each applicant is involved in the assault and

causing of inflicting injuries on each of the injured witnesses :-


                                                       Alleged Assault       Injury Certificate
 Alleged Victim   Alleged Assailant     Weapon
                                                        on body parts           description
                                                                               Page No.59
              Namdev (ABA Granted)                    Calf’s of both legs  Abrasion – Right Leg
 Dnyaneshwar                                                                      (simple)
              Devidas @ Machindra       Iron Rod             Back         CLW – Right Leg (simple)
    Pagar
                     Vishal               Stick          Both Hands        CLW – Left Leg (simple)
(Complainant)
               Satish (absconding)                           Spine          Tenderness on lower
                                                                               back (simple)
               Babasaheb (absconding)                       Ribs               Page No.58
                       Vishal                          Left Leg Knee        CLW – Left frontal
                                       Iron Rod,
  Dadasaheb            Sagar                           Left Shoulder          region (simple)
                                      Wooden Stick
Pagar (Father)   Satish (absconding)                  Head above Left     Fracure on a acromial
                                      Plastic Stick
                     Haribhau                               Eye             end of left clavicle
               Devidas @ Machindra                          Back                 (Grievous)

                                                                              Page No. 54
                                                                           CLW – Scalp left side
                                                                                  (simple)
  Ranganath     Satish (absconding)                         Head
    Pagar      Babasaheb (absconding)   Iron Rod       Left Hand Palm    CLW – Left hand dorsum
                                                                                  (simple)
(Grand Father) Namdev (ABA Granted)                      Both Knees       Fracture on a acromial
                                                                           end of right clavicle
                                                                                 (Grievous)



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                                                                             Page No.53
                                                                       Contusions – Forearms
                                                                           & Legs (simple)
                                                          Back          Tenderness – Arms &
Rajendra Pagar Devidas @ Machindra    Iron Rod
                                                       Both Hands           Legs (simple)
    (Uncle)     Sanjay (ABA Granted) Wooden Stick
                                                           Leg         Fracture of left clavicle
                                                                           shaft (Grievous)
                                                                         Dislocation of left
                                                                       middle finger (Grievous)
                                          Stick
                                        Snatched           Leg             Page No.56
  Shobhabai
                        Vishal            Gold             Back        Tenderness Contusion
Pagar (Mother)
                                       Mangalsutra     Private Part    on Left Thigh (simple)
                                        (5 Gm.)
                                          Stick
                                                       Left Shoulder       Page No.57
  Meera Pagar                           Snatched
                        Vishal                          Right Hand     Tenderness on Upper
 (sister-in-law)                      Gold Chain (1
                                                        Private Part    Limb Chest (simple)
                                          Gm.)
                        Vishal
                Babasaheb (absconding)  Iron Rod                            Page No.55
 Vaishali Pagar                                         Left Hand
                        Sagar          Wooden Stick                     Tenderness over Left
     (Aunt)                                               Thigh
                  Satish (absconding)  Plastic Stick                      Shoulder (simple)
                Devidas @ Machindra



12.           Perusal of the aforesaid chart suggests that the present applicants

have been involved in assaulting Dnayneshwar Pagar (informant), Dadasaheb

Pagar (father of informant), Ranganath Pagar (grand-father of informant),

Rajendra Pagar (uncle of informant), Shobhabai Pagar (mother of informant),

Meera Pagar (sister-in-law of informant) and Vaishali Pagar (aunt of

informant).        Out of these injured witnesses, the injuries sustained by

Ranganath Pagar, though grievous in nature, are not attributed to either of

the applicants.      Even the injuries caused to Shobhabai and Meer are not

attributed to the present applicants, but the same has been attributed to the

applicant (accused) – Vishal, whose application has been dismissed. Thus,

the injuries which are now attributed to the present applicants pertains to the



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complainant, which are simple in nature. The injuries caused to Vaishali are

simple in nature. The only grievous injury that has been sustained by father

of the informant – Dadasaheb is attributed to the applicants and is serious and

grievous in nature. The injury is to the acromial end of left clavicle and it is

fracture injury. The narration of prosecution story by the informant himself

suggests that accused – Vishal was aggressor and one single injury that has

been caused cannot, therefore, be attributed to all other three applicants

before this Court. The exact injury which has been caused by each of the

applicants will be a matter of evidence in which the prosecution will have to

place material to assign the particular injury to one particular accused. At this

stage, it is not possible to infer that the fracture injury is caused by either of

the applicants. Similarly, the injury which has been termed as grievous and

fracture injury to the left clavicle shaft and dislocation of left middle finger

caused to the injured witness – Rajendra is specifically attributed to applicant

– Machindra @ Devidas and co-accused – Sanjay. The co-accused – Sanjay, as

mentioned above has already been released on anticipatory bail, and

therefore, applicant – Machindra @ Devidas also deserves parity to this

aspect.


13.        Thus, taking into consideration the overall injuries that has been

sustained by the injured witnesses including the informant and the nature of

injuries and the role attributed to each of the present applicants, I am of the

opinion that the applicants, who have been in custody since 10 th April, 2026

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and 06th June, 2026 are concerned and the fact that investigation pertaining

to these applicants is completed and charge-sheet is filed, present applications

can be allowed and the applicants can be set at liberty by granting bail with

certain stringent conditions.


14.        In the above circumstances, the applications stand allowed. Hence

the following order :-

                                      ORDER

           (i)    Bail Application No. 1393 of 2026 stands disposed of as
                  withdrawn to the extent of Vishal Babasaheb Kolpe.

           (ii)   The applicants – Haribhau Bhaurao Kolpe, Sagar Babasaheb
                  Kolpe and Machindra @ Devidas Rakhma Kolpe shall be
                  released on bail in Crime No. 61 of 2026 registered with
                  Kopergaon Gramin Police Station, Dist. Ahilyanagar dated
                  18th February, 2026 for the offences punishable under
                  Sections 115(2),118(1),119(1),189(2),190,191(2),191(3),
                  324(4), 351(2) and 352 of the Bharatiya Nyaya Sanhita,
                  2023, on furnishing personal bond of Rs. 50,000/- (Rupees
                  Fifty Thousand only) each with one or two solvent surety in
                  the like amount, subject to the following conditions -

                  a)     The applicants shall attend the trial Court on every
                         date fixed, unless their attendance is specifically
                         exempted.

                  b)     Applicants - Haribhau Bhaurao Kolpe and Machindra @
                         Devidas Rakhma Kolpe shall not enter Kopergaon


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     Taluka, except for attending the trial and attending
     Kopargaon Rural Police Station, Dist. Ahilyanagar once
     in a month i.e. on first Monday of every month.


c)   Applicant - Sagar Babasaheb Kolpe shall attend
     Kopargaon Rural Police Station, Dist. Ahilyanagar twice
     in a month i.e. on first and last Monday of every
     month.


d)   The applicants 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 applicants shall furnish their current residential
     addresses and mobile numbers to the Investigating
     Officer 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 applicants shall not leave India without prior
     permission of the trial Court and, if they possess
     passports, shall deposit the same with the trial Court
     within seven days of their release.

g)   The applicants shall not involve themselves 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.

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      (iii)   All observations in this order are prima facie and confined to
              the decision of this bail application. The trial Court shall
              decide the case on the evidence led before it.

      (iv)    The Bail Applications are disposed of in the above terms.




                                        ( HITEN S. VENEGAVKAR, J. )
SSD




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