Bombay High Court
AJAY PRAVIN DAHEKARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail was granted to the applicant with conditions, despite the seriousness of the charges.
Summary
The applicant, Ajay Pravin Dahekar, was charged under Sections 109, 351(3), 115, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly stabbing a complainant's friend with intent to kill on 18 December 2024. He had been in custody for about 14 months with no progress in the trial, while the co‑accused had already been released on bail. The prosecution argued that the injuries were grievous, the applicant had prior antecedents, and there was a risk of tampering with evidence or threatening witnesses. The defence contended that the prolonged pre‑trial detention violated his right to liberty and that bail should be granted. The Court, noting the completed investigation, the filed charge‑sheet, and the delay, ordered bail on the condition of a Rs.30,000 personal bond, sureties, and strict restrictions on contacting witnesses and entering Nashik city. The bail order was made subject to the trial court’s independent determination of guilt.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences and alleged intent to kill
- Whether the risk of witness tampering or intimidation justifies denial of bail
- Whether the 14‑month pre‑trial detention without trial progress warrants bail on grounds of delay
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 3(5), 351(3), 352
Subjects
- bail
- pre‑trial detention
- witness tampering
- assault with deadly weapon
- Bharatiya Nyaya Sanhita
- Nashik
- criminal procedure
Judgment
2-BA-3458-2025 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3458 OF 2025
Ajay Pravin Dahekar ….Applicant
versus
The State of Maharashtra ….Respondent
_________________________________________________________________
Mr. Chetan Deshmukh, Advocate for Applicant.
Ms. Kranti Hivrale, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 20th FEBRUARY, 2026.
P.C. :
1. By this application, the applicant is seeking regular bail in
Crime No. 850 of 2024 registered with Ambad Police Station, District
Nashik, for the offences punishable under Sections109, 351(3), 115, 352
and 3(5) of the the Bharatiya Nyaya Sanhita, 2023.
2. It is prosecution’s case that on 18th December 2024, the
applicant and the co-accused assaulted the first informant and his friend
with knife with the intention to kill them. It is alleged that the applicant
inflicted stab injuries on the friend of the first informant with the intention
to kill him.
3. It is contention of learned counsel for the applicant that the
Digitally applicant is behind bars for almost 14 months. There is no progress in the
signed by
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM trial. The co-accused has been released on bail. Hence, requested to allow
KADAM Date:
2026.02.24
10:48:57
+0530
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Shubhada S Kadam
the application.
4. It is contention of learned APP that the applicant has 14
antecedents. The injury sustained by the injured is grievous in nature. The
applicant assaulted him with knife with the intention to kill him. Knife has
been recovered at the instance of the applicant and there are witnesses to
the incident. If the applicant is released on bail, he may threaten the first
informant and prosecution witnesses. Hence, requested to reject the
application.
5. I have heard both the learned counsel, perused charge-sheet
and documents produced on record. The applicant is behind bars for
almost 14 months. There is no progress in the trial. The investigation is
complete and charge-sheet has been filed. The co-accused has been
released on bail. It may take time to conclude the trial. Considering these
facts, I pass following order :
ORDER
(i) The applicant be enlarged on bail in Crime No. 850 of 2024
registered with Ambad Police Station, District Nashik, on
executing P.R.Bond in the sum of Rs.30,000/- with one or two
sureties in the like amount.
(ii) The applicant shall attend the concerned police station as and
when required.
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Shubhada S Kadam
(iii) The applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person
concerned with the case.
(iv)The applicant shall not enter into Nashik City until the
recording of evidence of the first informant, except for
attending the court dates.
The application is allowed in the aforesaid terms and is
accordingly disposed of.
6. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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