Bombay High Court

TAPESH KIRAN BHOSALEversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: SACHIN S DESHMUKH

Holding

The Court granted regular bail to the applicant subject to strict conditions.

Summary

The applicant, Tapesh Kiran Bhosale, was charged under Sections 309(6), 311, 115(2), 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 for a robbery and assault alleged to have occurred on 16 September 2025. The FIR described four masked assailants who stole ornaments and a two-wheeler, but the informant could not identify the individuals due to masks. The applicant argued that there was a variance in the investigation reports and no incriminating material linking him to the crime. The State contended that the applicant’s involvement was apparent and that bail could facilitate evidence tampering. The Court observed that while the allegations were serious, no specific role was ascribed to the applicant and identification was uncertain, thus the matter of culpability should be decided at trial. Consequently, the Court granted regular bail with a cash bond and stringent conditions, emphasizing the applicant’s right to liberty pending trial.

Issues considered

Whether the applicant should be granted bail despite the seriousness of the offences alleged.
Whether the lack of specific identification of the applicant’s role warrants pre‑trial detention.
Whether there is a risk of tampering with evidence or influencing witnesses if bail is granted.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 309(6), 311, 3(5), 351(2)

Subjects

bail
criminal procedure
identification
evidence tampering
robbery
assault
Bhartiya Nyaya Sanhita

Judgment

2026:BHC-AUG:1794



                                                              919 BA No.2112.2025
                                             -1-

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                          BAIL APPLICATION NO. 2112 OF 2025

                                  TAPESH KIRAN BHOSALE
                                         VERSUS
                                THE STATE OF MAHARASHTRA
                                             ***
              Advocate for Applicant : Mr. Laxman P. Dushing h/f Mr. K. J.
              Tandale
              APP for Respondents-State : Mr. B. B. Bhise

                                             ***

                              CORAM : SACHIN S. DESHMUKH, J.
                                 Date : 17th January, 2026

              ORDER :-


              1.         The applicant has approached this Court seeking

              regular bail in connection with FIR dated 16.09.2025 bearing Crime

              No. 828 of 2025 registered with Kotwali Police Station, Dist.

              Ahilyanagar for the offences punishable under Sections 309(6),

              311, 115(2), 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.



              2.         The prosecution case is that on 15.09.2025, informant

              Durga Sonar and her family retired to sleep at their residence in

              Ahilyanagar. In the early morning of 16.09.2025, at approximately

              02:30 a.m., when awakened by a noise and discovered two

              masked men armed with iron rods and Gilwars inside the house.

              Upon the main door being opened, noted two another masked
                                                       919 BA No.2112.2025
                                   -2-

accomplices were standing outside. One assailant threatened her

life and forcibly snatched her golden ornaments. When the

informant attempted to retreat to the bedroom, another individual

intercepted and assaulted her with kicks and fists. After the

informant raised an alarm by shouting, all four suspects fled the

premises, stealing her two-wheeler in the process. The informant

subsequently lodged the FIR later that day on 16.09.2025.



3.             The learned counsel for the applicants submits that

there is a substantial variance in the timings and narration of the

alleged incident in the statements recorded by the Investigating

Officer. There is no incriminating material on record to connect the

applicants with the alleged commission of the crime. Applicant is

falsely implicated in the crime. As such, prayed to allow the

application.



4.             The learned APP submits that the incident is serious in

nature, that the involvement of the applicant is apparent, and that

there is sufficient material on record to indicate the applicant's

complicity in the incident. If the applicant is enlarged on bail, there

is every possibility of tampering with the prosecution evidence. As

such, it is prayed that the application be rejected.
                                                    919 BA No.2112.2025
                                   -3-



5.            Having heard the learned counsel for the applicant and

the learned APP for the State, it is prima facie evident that the

general allegations are made against the present applicant.

Nevertheless, there is an absence of a specific role alleged against

the present applicant.



6.            Perusal of FIR explicitly states that all four assailants

were wearing masks at the scene of incident. Consequently, the

informant prima facie could not have seen their faces. Since the

incident involved four individuals, and the informant was unable to

clearly identify who performed which act while masked, the

individual culpability of the accused is a matter for trial rather than

pre-trial detention.



7.            The investigation is almost complete. Thus, keeping in

view the peculiar facts and circumstances of the case, the

applicant's right to liberty needs to be upheld by imposing stringent

conditions.



8.            In that view of the matter, the applicant deserves to be

released on bail. Accordingly, following order :-
                                           919 BA No.2112.2025
                           -4-

                         ORDER

(I)    Application is allowed.


(II)   Applicant – Tapesh Kiran Bhosale be released on
       regular bail on furnishing P.R. bond of Rs. 50,000/-
       (Fifty Thousand Only) with one or two local solvent
       sureties in the like amount, in connection with Crime
       No. 828 of 2025 registered with Kotwali Police
       Station, Dist. Ahilyanagar for the offences punishable
       under Sections 309(6), 311, 115(2), 351(2), 3(5) of
       the Bhartiya Nyaya Sanhita, 2023, 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 attend the concerned Police
       Station on every Sunday from 11.00 am to 2.00 pm,
       till filing of the charge-sheet.


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


  (d) 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.


  (e) In case of breach of any of the conditions by the
       applicant, it is open for the Prosecution to move this
                                                     919 BA No.2112.2025
                                  -5-

               Court seeking cancellation of 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

Continue reading with your account

Checking your session…