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Bombay High Court

SURAJ ALIAS MAULI ANANDRAO BAPTEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The Court allowed the bail application, granting regular bail to the applicant on condition of a personal bond and sureties.

Summary

The applicant, Suraj alias Mauli Anandrao Bapte, was charged with murder and criminal conspiracy under Sections 302, 120(b) read with 34 of the Indian Penal Code for the death of Manohar Vilas Punde. The prosecution alleged that the applicant, along with co‑accused, assaulted the deceased on 27 August 2023, leading to his death, relying primarily on circumstantial evidence and the fact that the deceased was last seen with the applicant. The defence argued lack of direct eyewitness testimony, asserted the applicant’s innocence, and highlighted that two co‑accused had already been released on bail, invoking parity. The Court examined the material, noting the case was built on circumstantial evidence without a seamless chain, and considered the risk of trial delay and the applicant’s potential to tamper with evidence could be mitigated by strict bail conditions. Consequently, the Court exercised its discretion in favour of the applicant, granting regular bail with a personal bond and sureties, subject to conditions. The order emphasized that the observations were limited to the bail application and should not influence the trial court.

Issues considered

  • Whether bail should be granted in a murder case where the prosecution's case is based solely on circumstantial evidence.
  • Whether the applicant poses a risk of tampering with evidence or influencing witnesses if released on bail.
  • Whether parity with co‑accused already on bail warrants granting bail to the applicant.
  • Whether the trial can be concluded within a reasonable period to justify continued detention.

Legislation cited

Subjects

  • bail
  • murder
  • criminal conspiracy
  • Section 302 IPC
  • Section 120(b) IPC
  • Section 34 IPC
  • circumstantial evidence
  • undertrial detention
  • parity
  • regular bail

Judgment

2026:BHC-AUG:4630



                                                                  33 BA No.1917.2025
                                               -1-

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           BAIL APPLICATION NO. 1917 OF 2025

                            SURAJ ALIAS MAULI ANANDRAO BAPTE
                                         VERSUS
                         THE STATE OF MAHARASHTRA AND ANOTHER
                                              ***
              Advocate for Applicant : Mr. Sudarshan J. Salunke
              APP for Respondents-State : Mr. P. P. Dawalkar
                                              ***

                               CORAM : SACHIN S. DESHMUKH, J.
                                  Date : 2nd February, 2026

              ORDER :-

              1.         The applicant has approached this Court seeking

              regular bail in connection with FIR dated 28.08.2023 bearing Crime

              No. 450 of 2023 registered with Georai Police Station, Dist. Beed for

              the offences punishable under Sections 302, 120(b) read with

              Section 34 of the Indian Penal Code.


              2.         The case of the prosecution is that on 28.08.2023

              approximately at 08:15 a.m., the body of a male person was

              discovered along Manyarwadi road in Georai Taluka. Following a

              spot panchnama conducted by the police, the deceased was

              identified as Manohar Vilas Punde, a resident of Georai, District

              Beed.


              3.         It is alleged that during the inquiry with the co-accused
                                                  33 BA No.1917.2025
                                   -2-

and brother of the deceased Darshan (alias Gotu) Vilasrao Punde, it

was revealed that Manohar suffered from liquor addiction and

frequently availed hand loans on interest. The co-accused stated

that both he and his mother were subjected to daily physical and

verbal abuse by Manohar, while he was under the influence of

alcohol.


4.          It is further alleged by the prosecution that driven by

the above circumstances, Darshan contacted the present applicant

and others to intervene and reprimand Manohar. Consequently, on

27.08.2023 at about 11:30 p.m., the applicant and other co-

accused allegedly took Manohar on a motorcycle and assaulted

him, inflicting injuries that led to his death.


5.          The learned counsel for the applicant submits that the

applicant has been falsely implicated in the offence, emphasizing

the absence of any independent eyewitness to establish his

complicity. It is further contended that the prosecution case is

based entirely on a circumstantial chain of events and the same is

completed. On 27.08.2023, the deceased was allegedly seen with

the applicant and his body was found on 28.08.2023.


6.          The learned counsel for applicant further submits that

there was no intention to commit murder. The learned counsel also

submits that a co-accused in this crime has already been enlarged
                                                     33 BA No.1917.2025
                                   -3-

on bail by this Court; therefore, on the grounds of parity, it is

prayed that the application be allowed.


7.            The learned APP opposed the application, submitting

that the applicant beat the deceased, who succumbed to the

injuries. It is contended that the offence is serious in nature and

that there is sufficient material on record to establish the

applicant’s complicity. Furthermore, the APP argued that if the

applicant is released on bail, there is every possibility of the

prosecution evidence being tampered with or the offense being

repeated. Accordingly, it was prayed that the application be

rejected.


8.            Upon considering the submissions of both sides and

perusing the material on record, including the charge-sheet, it

prima facie appears that the case of the prosecution is primarily

based on circumstantial evidence. While the deceased was

allegedly last seen with the applicant on 27.08.2023, the body was

not discovered until 28.08.2023. It is settled position that in cases

where there is no direct ocular evidence (eyewitnesses), the benefit

of doubt at the bail stage may be extended to the accused, in the

event, the chain of circumstances is not prima facie seamless or

conclusive.


9.            Furthermore,   the   co-accused,   Darshan   alias   Gotu
                                                       33 BA No.1917.2025
                                    -4-

Vilasrao Punde and Aniket Ajay Zada, have already been enlarged

on bail by this Court. A perusal of the prosecution case reveals that

the allegations against the present applicant are identical to those

levelled against the co-accused.


10.           The investigation is complete for all intent and purpose

and the charge-sheet is filed. Having regard to the number of

accused and the witnesses which the prosecution proposes to

examine, it is very unlikely that the trial can be commenced and

concluded within a reasonable period.


11.           As such, further detention of the applicant as an under

trial prisoner, in the circumstances of the case, does not seem to be

either warranted or justifiable. I am, therefore, persuaded to

exercise the discretion in favour of the applicant. The apprehension

expressed     by   the   learned    APP    about   tampering   with   the

prosecution evidence, can be adequately taken care of by imposing

stringent conditions.


12.           Hence, the following order:

                                   ORDER

        (I)    Application is allowed.

       (II)    Applicant – Suraj @ Mauli Anandrao Bapte, be
               released on regular bail on furnishing P.R. bond of Rs.
               50,000/- (Fifty Thousand Only) with one or two local
                                                         33 BA No.1917.2025
                                      -5-

                  solvent sureties in the like amount, in Crime No. 450
                  of 2023 registered with Georai Police Station, Dist.
                  Beed for the offences punishable under Sections 302,
                  120(b) read with Section 34 of the Indian Penal Code,
                  on the following conditions :-

               (a) The applicant shall attend each and every date of the
                  Trial Court unless exempted by the Trial Court.

               (b) The applicant shall not pressurize the prosecution
                  witnesses and shall not tamper with the prosecution
                  evidence, in any manner.

               (c) The applicant shall submit his Aadhar and Pan Card to
                  the Investigation Officer and detailed addresses and
                  phone numbers of applicant and two of the near
                  relatives.

               (d) Breach of any of the conditions by the applicant would
                  entail the cancellation of the bail.

       (iii)      Needless to states that the observations rendered
                  herein are to the extent of this application and the
                  trial court shall not be influenced by the same.




                                            (SACHIN S. DESHMUKH, J.)


Omkar Joshi


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