Bombay High Court
BALRAJE RAMRAO AWAREversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The Court held that bail should be granted subject to the applicant’s undertaking and the conditions imposed.
Summary
Balraje Ramrao Aware was arrested in Crime No. 84 of 2026 for alleged unauthorized supply, transportation and installation of statutes, charged under Sections 329(3), 223, 61(2), 353(3), 126(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 11 of the Maharashtra Desecration of Status Act. He filed an undertaking before the Court promising not to engage in any such activities, not to influence witnesses, and to comply with various reporting requirements. The Court noted that the maximum punishment for the offences is five years of rigorous imprisonment and, considering the undertaking, allowed the bail application. Bail was granted on a personal bond of Rs. 50,000 with one surety, subject to detailed conditions including regular attendance before the investigating officer, non‑contact with witnesses, furnishing of address details, and restrictions on travel abroad. The order emphasized that the conditions are prima facie and the trial court will independently determine guilt based on evidence.
Issues considered
- Whether bail should be granted in offences punishable up to five years of rigorous imprisonment under the Bharatiya Nyaya Sanhita, 2023 and the Maharashtra Desecration of Status Act.
- Whether the applicant’s undertaking and the imposed conditions sufficiently mitigate the risk of flight, tampering with evidence, or commission of similar offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 223, 329(3), 353(3), 61(2)
- Maharashtra Desecration of Status Act — s. 11
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Maharashtra Desecration of Status Act
- undertaking
- conditions of bail
- unauthorized installation of statutes
Judgment
1 92ba1624.26
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
92 BAIL APPLICATION NO. 1624 OF 2026
BALRAJE RAMRAO AWARE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Deshpande Gaurav L.
APP for Respondents/State : Mr. S.D.Ghayal
…
CORAM : HITEN S. VENEGAVKAR, J.
DATE : 24.08.2026
PER COURT :
1. Heard the learned Advocates for the respective parties.
2. In continuation of the order dated 17.08.2026, passed by
this Court the applicant has filed an undertaking of the applicant dated
19.08.2026 in this Court. The same is taken on record and marked as
“X” for the purpose of identification.
3. The perusal of the undertaking shows that the applicant has
stated in paragraph No. 1 that he shall not indulge, directly or indirectly,
in any of the activities which have been alleged against him in the
present Crime No. 84 of 2026 and more particularly the applicant had
not participated in, facilitated, assisted or caused any unauthorized
supply, transportation or installation of any statute without obtaining
any prior requisite permission of the Competent Authority as may be
2 92ba1624.26
required under law. He has also undertaken not to supply or make
available any statute merely on request or demand made by any personal
group, organization, association of village body or any other entity unless
any person or body concerned first produces the requisite written
permission /sanction of the Competent Authority for installation of such
statute.
4. He further undertakes that he shall not offer personally or
through any organisation, office, office-bearer, member, agent,
representative, associate or any other person acting at his instance,
participate in, assist, finance, facilitate or otherwise contribute to any
unauthorized installation of a statute at the public place or on
Government Premises, Educational Institution, Road and Open Space or
on any other place.
5. He also has undertaken to abide by all the assurances and
every condition that may be imposed by this Court while granting bail.
6. The purpose of undertaking filed by the applicant also taking
into consideration that for the offences the punishment provided is
maximum sentence of 5 years of rigorous imprisonment, therefore, I am
inclined to allow the present application. Hence the following order :
ORDER
(i) The Bail Application is allowed.
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(ii) The applicants shall be released on bail in Crime No.
84 of 2026 registered at Yusuf Wadgaon Police Station,
District Beed, for the offences punishable under Sections
329(3), 223, 61(2), 353(3), 126(2) of the Bharatiya Nyaya
Sanhita, 2023, and Section 11 of the Maharashtra
Desecration of Status Act, on furnishing a personal bond of
Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent
surety in the like amount, subject to the following
conditions :
a) The applicant shall attend the concerned Investigating
Officer till filing of the charge-sheet, on every First Monday
and the last Monday of every month, unless his attendance
is specifically exempted.
b) Any breach of the conditions of the undertaking filed
in this Court on 19.08.2026, is committed then the
subsequent Court shall decide the application on its own
merits by taking into consideration the breach of the
undertaking as one of the ground.
c) 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.
d) The applicant shall furnish his 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.
e) 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.
f) The applicant shall not involve himself in any offence
of a similar nature while on bail.
g) Breach of any of the above conditions shall entitle the
prosecution to apply for cancellation of bail.
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h) 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.
i) The Bail Application is disposed of in the above terms.
(HITEN S. VENEGAVKAR, J.)
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