Bombay High Court
ADITYA @ BABALU HEMANT SHARMAversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The court granted bail to the applicant subject to a bond and strict conditions.
Summary
The applicant, Aditya Sharma, was charged under Sections 109(1), 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Maharashtra Police Act for allegedly assaulting a complainant with a sharp weapon with intent to kill. He had been in custody for more than fourteen months with no significant progress in the trial, while co‑accused were already released on bail. The prosecution argued that the applicant might threaten witnesses if released. The court noted the applicant’s clean antecedent record, the prolonged pre‑trial detention, and the fact that co‑accused were on bail, and concluded that the risk could be managed by imposing strict conditions. Accordingly, the court granted regular bail on a Rs.30,000 bond with sureties and directions not to tamper with evidence or influence witnesses.
Issues considered
- Whether bail can be granted in a case involving alleged attempt to murder under the Bharatiya Nyaya Sanhita.
- Whether the fourteen‑month pre‑trial detention and lack of trial progress justify bail.
- Whether the risk of witness intimidation can be adequately mitigated by bail conditions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 3(5)
- Maharashtra Police Act — s. 135
Subjects
- bail
- criminal procedure
- assault with deadly weapon
- trial delay
- witness tampering
- Bharatiya Nyaya Sanhita
- Maharashtra Police Act
Judgment
61-BA-398-2026 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 398 OF 2026
Aditya @ Babalu Hemant Sharma ….Applicant
versus
The State of Maharashtra ….Respondent
_________________________________________________________________
Mr. Himanshu S. Gavit, Advocate for Applicant.
Ms. Ranjana D. Humane, APP for Respondent-State.
Mr. Kailas S. Jadhav, Panchavit Police Station, Nashik, present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 20th FEBRUARY, 2026.
P.C. :
1. By this application, the applicant is seeking regular bail in
Crime No. 733 of 2024 registered with Panchavati Police Station, District
Nashik. for the offences punishable under Sections 109(1), 115(2),
118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of
the Maharashtra Police Act.
2. It is prosecution's case that on 6th December 2024, the
applicant and co-accused assaulted the first informant with sharp weapon
with the intention to kill him.
3. It is contention of learned counsel for the applicant that the
Digitally
signed by
SHUBHADA
SHUBHADA SHANKAR applicant is behind bars for more than fourteen months, yet there is no
SHANKAR KADAM
KADAM Date:
2026.02.24
10:48:57
+0530
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61-BA-398-2026 (CR).doc
Shubhada S Kadam
progress in the trial. The co-accused have been released on bail. It may
take time to conclude the trial. Hence, requested to allow the application.
4. It is contention of learned APP that the applicant assaulted the
injured on the stomach with sharp weapon with the intention to kill him.
There is a specific allegation against him. The injury certificate shows
injury on the stomach of the injured. If the applicant is released on bail, he
may threaten the prosecution witnesses. Hence, requested to reject the
application.
5. I have heard both learned counsel, perused charge-sheet and
documents produced on record. The applicant is behind bars for more than
14 months. There is no progress in the trial. The applicant has no
antecedents. The co-accused have 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. 733 of 2024
registered with Panchavati 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.
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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