Bombay High Court
SUKHDEV ANANDA BHOSALEversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
- Bench
- SACHIN S DESHMUKH
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 189(2), 190, 191(2), 191(3), 238, 351(2)
Subjects
- bail
- assault
- grievous injury
- spontaneous offence
- surety
- court discretion
- criminal procedure
Judgment
2026:BHC-AUG:7328
Bail Appln.No.166/2026
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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
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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
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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.)
fmp/-
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