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Bombay High Court

SACHIN MADHUKAR TAYDEversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The bail application is allowed and the applicant is released on bail.

Summary

The applicant, Sachin Madhukar Tayde, was arrested for allegedly striking a witness, Sunil, on the head with a stick during a quarrel that originated from a political dispute between the informant and Accused No.1. The prosecution alleged a single simple injury caused by the applicant, while the defense argued that his role was minimal and that the ingredients of Section 307 of the Bharatiya Nyaya Sanhita were not met. The court examined the charge‑sheet, injury certificate, and noted that the investigation was complete and the charge‑sheet filed. Finding that the alleged injury was simple in nature and that there was no evidence of conspiracy to murder, the court saw no justification for continued custody. Consequently, the bail application was allowed, subject to standard conditions and a personal bond of Rs. 50,000.

Issues considered

  • Whether the applicant's alleged act of striking the witness attracts the provisions of Section 307 (attempt to murder) of the Bharatiya Nyaya Sanhita.
  • Whether the nature and seriousness of the alleged injury warrant denial of bail.
  • Whether the completion of investigation and filing of charge‑sheet justify release on bail.

Legislation cited

Subjects

  • bail
  • assault
  • simple injury
  • Bharatiya Nyaya Sanhita
  • Section 352
  • Section 109
  • Section 115
  • Section 3
  • political enmity
  • criminal procedure

Judgment

2026:BHC-AUG:44690
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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             BAIL APPLICATION NO. 1630 OF 2026

          Sachin Madhukar Tayde                                   ..APPLICANT
                VERSUS
          State of Maharashtra                                    ..RESPONDENT

                                                 ....
          Ms. R.S. Kulkarni a/w Mr. A.R. Kachole, Advocates for applicant
          Mr. K.K. Naik, A.P.P. for respondent - State
                                                 ....

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

          PER COURT :

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

          State. With the assistance of both the learned counsel I have also perused the

          copy of charge-sheet which came to be subsequently filed after the present

          application was preferred in this Court.


          2.         The prosecution story in brief is that the informant, which is also a

          farmer, had political enmity with Accused No.1 – Pravin, and therefore, there

          used to be regular quarrels between them. On the date of incident, when the

          informant was proceeding towards his agricultural field on his motorcycle, at

          that time Accused No.1 came on his tractor and tried to side-cut him on the

          road. Being annoyed with the said conduct, the informant stopped him and

          at that time there was quarrel between both of them.         It is alleged that


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Accused No.1 thereafter made a telephonic call and asked Accused Nos. 2 to 4

to reach the spot. Accordingly, other accused persons reached the spot. The

allegations pertain to assault by use of spade on the head of the informant

and while there was scuffle, there was an injury to the head caused by a stick

at the behest of present applicant. The incident dated 06 th June, 2026 has

been reported to the police on 15 th June, 2026. The present applicant came

to be arrested on the same date i.e. on 15th June, 2026 and since then he is in

custody.


3.         Learned counsel for the applicant submits that going by the

prosecution story itself the role of the present applicant is very minimal. The

allegation pertains to a single injury caused to the injured witness, who was

accompanying the informant. The assault is alleged to have been caused by a

stick. She refers to the injury certificate of the injured witness – Sunil which

makes a reference that the injury is on the head and describes the same as

simple injury.   Admittedly, there are no allegations against the present

applicant that he has assaulted the informant with whom the alleged incident

has actually started. There is also no allegation against the present applicant

that he assaulted to the informant and participated in any quarrel, though

there are allegations pertaining to assault by fist and blow. She argues that

there is no intention and the ingredients of Section 307 of the B.N.S. are

absolutely not attracted. Taking into consideration the period undergone, she

prays that the application be allowed and the applicant be released on bail.

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4.         Learned A.P.P. vehemently opposed the application by stating that

the role is specifically assigned to the present applicant. The allegation of

assault on the head of injured witness – Sunil is also specifically attributed to

the present applicant. Head being a vital part of the body, intention will have

to be inferred from the manner in which the assault has been caused. He

further argues that although the accused persons had reached the spot with

preparation, the present applicant was carrying stick alongwith him. He also

argued that anticipatory bail applications of the co-accused persons are

pending, and therefore, releasing of present applicant at this stage will affect

further investigation, which is required to be carried out as far as Accused

No.1 is concerned. He, thus prays that application be rejected.


5.         I have perused the entire charge-sheet. No doubt, the allegations

leveled against the present applicant and against the co-accused persons are

specific and all other accused persons have been named in the F.I.R. Even

though the role that has been attributed to the present applicant if taken into

consideration, case of the prosecution is to the extent of one single blow of

stick on the head of the injured – Sunil. Taking cue from the prosecution

story itself, the injury certificate which is annexed to the charge-sheet also

suggests that there is an injury on the head. However, the same is of simple

nature. The prosecution has not brought all material on record to suggest

that accused persons have conspired together and with an intention had

reached the spot to commit murder of the informant – Samadhan. The entire

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allegations of the prosecution story are mainly against Accused No.1, who

assaulted the informant with whom he had political enmity.


6.         Taking into consideration the role attributed to the present

applicant and the nature of injury i.e. caused to the injured witness at the

instance of present applicant and furthermore that the investigation is

complete and the charge-sheet has also been filed, I do not find any reason to

continue custody of the present applicant. In the above circumstances, the

application stands allowed. Hence the following order :-

                                    ORDER

           (i)    The Bail Application is allowed.

           (ii)   The applicant shall be released on bail in Crime No. 233 of
                  2026 registered with Yaval Police Station, District Jalgaon,
                  for the offences punishable under Sections 109(1), 115(2),
                  3(5) and 352 of the Bharatiya Nyaya Sanhita, 2023, on
                  furnishing a personal bond of Rs. 50,000/- (Rupees Fifty
                  Thousand only) with one or two solvent surety in the like
                  amount, subject to the following conditions :

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

                  b)   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.



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              c)   The applicant shall furnish his current residential
                   address and mobile number 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.

              d)   The applicant shall not leave India without prior
                   permission of the trial Court and, if he possesses
                   passport, shall deposit the same with the trial Court
                   within seven days of his release.

              e)   The applicant shall not involve himself in any offence
                   of a similar nature while on bail.

              f)   Breach of any of the above conditions shall entitle the
                   prosecution to apply for cancellation of bail.

      (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 Application is disposed of in the above terms.




                                        ( HITEN S. VENEGAONKAR, J. )
SSD




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