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Bombay High Court

SUKHDEV ANANDA BHOSALEversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The court held that, given the spur‑of‑the‑moment nature of the incident, lack of prior record, discharge of victims, and the prospect of a protracted trial, bail should be granted with stringent conditions.

Summary

The applicant, Sukhdev s/o Ananda Bhosle, was charged with multiple offences under the Bhartiya Nyaya Sanhita, 2023 for allegedly assaulting several persons with an axe, knife, iron bar and other weapons during a quarrel on 26 August 2025. The prosecution argued that the applicant’s use of an axe caused grievous injuries, warranting denial of bail. The defence contended that the incident was a spontaneous, non‑premeditated act, the victims have been discharged from hospital, and the applicant has no prior criminal record. The court noted that the investigation was complete, the trial would likely be lengthy, and continued detention would be punitive. Accordingly, the court exercised its discretion to grant regular bail, imposing a surety of Rs.50,000 and conditions to prevent witness tampering and ensure the applicant’s presence at trial.

Issues considered

  • Whether the applicant is entitled to regular bail despite being charged with offences involving grievous injury under the Bhartiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • assault
  • grievous injury
  • spontaneous offence
  • surety
  • court discretion
  • criminal procedure

Judgment

2026:BHC-AUG:7328
                                                             Bail Appln.No.166/2026
                                          :: 1 ::




                    IN THE HIGH COURT OF JUDICATURE OF BOMBAY

                               BENCH AT AURANGABAD


                          BAIL APPLICATION NO.166 OF 2026


            Sukhdev s/o Ananda Bhosle               … APPLICANT

                    VERSUS

            The State of Maharashtra                     … RESPONDENT

                                            .......
            Mr. S.M. Nannaware, Advocate for applicant
            Mr. D.B. Bhange, A.P.P. for respondent – State
                                            ....…

                                  CORAM : SACHIN S. DESHMUKH, J.
                                  DATE     : 17th FEBRUARY, 2026

            PER COURT :


            1.         The applicant seeks release on regular bail in

            connection with Crime No.527/2025, registered with Bidkin Police

            Station, District Chhatrapati Sambhajinagar for the offences

            punishable under Sections 109, 189(2), 191(2), 191(3), 190,

            351(2), 238 of the Bhartiya Nyaya Sanhita, 2023.


            2.         The prosecution case is that, on 26/8/2025 at about

            7.30 p.m., when the informant along with her children were present
                                                Bail Appln.No.166/2026
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in the house, as there was noise of quarrel in front of house of her

elder brother-in-law, she along with her three children went towards

the house of her brother-in-law. At that time, abuses were being

taken places between the present applicant and Chetan, son of her

brother-in-law. The applicant was holding an axe in his hand. It is

alleged that, the applicant gave blow of axe on the head of Bhishm

and caused bleeding injury.


3.         When the informant along with her sister went to rescue

the quarrel, the applicant gave blow of axe on the head of the

informant, therefore, she sustained bleeding injury and she felt

giddiness, therefore she sat down.       Her children intervened to

rescue her and asked the applicant not to assault. At that time, the

accused Baban came running there holding a knife in his hand.

The accused Baban gave knife blow on the right hand palm of the

informant and followed her children to assault them. The accused

Sagar was holding iron bar and rushed towards the sister of the

informant and gave blow on her right leg.          Accused Shivaji

assaulted Chetan on head, back, leg and caused injuries to him.

The accused Latabai assaulted the brother-in-law of the informant

by stick whereas other accused Swati hit a stone on the back of the

informant . The accused Archana hit the son of the informant by
                                                 Bail Appln.No.166/2026
                                   :: 3 ::


wooden stick.


4.          Learned counsel for the applicant submits that, the

applicant has been falsely implicated in the present case.        The

incident occurred at the spur of moment and the same was not

premeditated. The other accused are enlarged on bail. The injured

have been have been discharged from the hospital.           As such,

further incarceration of the applicant is unwarranted.        Hence,

prayed to allow the application.


5.          Per contra, learned A.P.P. vehemently opposed the

application, contending that, the complicity of the present applicant

is evident. The applicant armed with an axe and inflicted blows

with axe.     The injured has sustained grievous injury, which

disentitles the applicant for bail.


6.          Having heard the learned counsel for the respective

sides and upon perusal of the material on record including charge

sheet, indicates that, the applicant is in custody since his arrest on

11/9/2025 i.e. for a period of 5 months. Further, perusal of the

F.I.R. indicates that the alleged incident appears to have occurred

in spur of moment.       Moreover, the injured persons have been

discharged from the hospital. Also, the applicant has no criminal
                                                   Bail Appln.No.166/2026
                                 :: 4 ::


antecedents to his discredit. As such, the possibility of recidivism is

unlikely. Even on the ground of parity, the applicant deserves to be

admitted to bail.


7.           Nevertheless, the investigation is complete for all

intents and purposes and nothing is to be recovered at the instance

of the applicant.       Considering the number of witnesses the

prosecution seeks to examine, the trial is unlikely to conclude within

a reasonable period. As such, further detention of the applicant

may amount to punitive detention.          Therefore, I am inclined to

exercise discretion in favour of the applicant, however, by imposing

stringent conditions.


8.           Hence the order :


                              ORDER


(i)      Bail Application is allowed.

(ii)     The applicant Sukhdev Ananda Bhosale be released on

         bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees

         Fifty Thousand) with one solvent surety of the like amount

         in the above crime, on the conditions that :

       (a)      The applicant shall not tamper with the prosecution

                witnesses in any way.
                                                        Bail Appln.No.166/2026
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        (b)         The applicant shall remain present on each date,

                    unless exempted by the trial Court.

        (c)         The applicant shall not enter the jurisdiction of Bidkin

                    Police station till conclusion of the trial, except on the

                    dates of trial.

(iii)         Needless to state that, the observations rendered herein

              are confined to the present application, and the trial Court

              shall decide the trial on its own merits and in accordance

              with law.



                                          (SACHIN S. DESHMUKH, J.)




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