Bombay High Court
MAHESH @ PAPPU KISAN KONDHAKARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court granted regular bail to the applicant subject to a Rs 30,000 bond and strict conditions.
Summary
The High Court considered a bail application filed by Mahesh @ Pappu Kisan Kondhakar, who is charged under Sections 109, 118(2), 352, 351(2), 351(3) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting a deceased with an iron rod intending to kill him. The prosecution contended that the assault caused fractures to the first informant and that a co‑accused remains absconding, raising concerns that the applicant might flee or influence witnesses. The applicant had been in custody for one year and four months, had no prior criminal record, and the trial had shown no progress. The State argued against bail on the basis of the seriousness of the offences and the risk of tampering with evidence. Weighing the applicant’s clean antecedents, the prolonged pre‑trial detention, and the lack of progress, the Court granted regular bail on a Rs 30,000 bond with two sureties and imposed conditions prohibiting contact with witnesses or tampering with evidence, while noting that the trial court will decide the case on its merits.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the offences and the risk of absconding or influencing witnesses
- Whether the delay in trial and the applicant’s clean antecedent justify granting bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(2), 351(2), 351(3) r/w 3(5), 352
Subjects
- bail
- regular bail
- Bharatiya Nyaya Sanhita
- assault
- witness tampering
- absconding co-accused
- bond
- criminal procedure
Judgment
19-BA-1558-2025 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1558 OF 2025
Mahesh @ Pappu Kisan Kondhakar ….Applicant
VERSUS
State Of Maharashtra …..Respondent
_________________________________________________________________
Mr. Amit Icham, Advocate for the Applicant.
Digitally signed
by SONALI
SONALI SATISH
KILAJE
SATISH Date:
KILAJE 2026.02.05
Smt. Ranjana D. Humane, APP for the Respondent-State.
10:22:41
+0700
G.P.S.I. - A.R.Burte, Rajgad Police Station, Pune-Rural, present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 2nd FEBRUARY, 2026.
P.C. :
1. By this application, the Applicant is seeking regular bail in
C.R.No. 446 of 2024 registered with Rajgad Police Station, Pune, for the
offences punishable under Sections 109, 118(2), 352, 351(2), 351(3) r/w
3(5) of Bharatiya Nyaya Sanhita, 2023 (for short “BNS Act”).
2. It is prosecution’s case that on 20.09.2024, the applicant and
co-accused assaulted the deceased with iron rod with intention to kill him.
In the said assault, hand and leg of the first informant were fractured.
3. It is contention of learned counsel for the applicant that the
applicant is behind bars for one year and four months. There is no
progress in the trial. The main allegations are against the co-accused.
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19-BA-1558-2025 (CR).doc
S.S.Kilaje
The injuries are not on vital parts of the first informant’s body. The
applicant has no antecedents and requested to allow the application.
4. It is contention of learned APP that the applicant and co-
accused brutally assaulted the first informant with iron rod with intention
to kill him. The injury certificate shows that the first informant has
suffered fractures and grievous injuries. The co-accused is absconding. If
the applicant is released on bail, he may abscond or threaten prosecution
witnesses. There are eye witnesses to the incident and requested to reject
the application.
5. I have heard both the learned counsel. Perused chargesheet
and documents produced on record. The applicant is behind bars for one
year and four months. There is no progress in the trial. The co-accused is
absconding. It may take time to conclude the trial. The applicant has no
antecedents. Considering these facts, I pass following order.
ORDER
i. The applicant be enlarged on bail in C.R.No. 446 of
2024 registered with Rajgad Police Station, Pune, on
executing P.R.Bond of Rs. 30,000/- on furnishing one
or two sureties in the like amount.
ii. The applicant shall attend the concerned police station
as and when required.
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19-BA-1558-2025 (CR).doc
S.S.Kilaje
iii. The applicant shall not tamper with the evidence or
attempt to influence or contact the complainant,
witnesses or any person concerned with the case.
6. The application is allowed in the aforesaid terms and is
accordingly disposed of. All pending applications, if any, disposed of.
7. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
8. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
Page 3 of 3
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