Bombay High Court

HIMMATRAO VAJINATH PATILversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed
Bench: MEHROZ ASHRAF KHAN PATHAN

Holding

The court held that regular bail may be granted because the applicant’s prolonged detention, prior acquittals, and the imposition of strict conditions outweigh the prima facie seriousness of the offences.

Summary

The High Court of Bombay, Kolhapur Bench, considered a regular bail application filed by Himmatrao Vajinath Patil, who had been in custody since 25 May 2025 for offences under Sections 109, 118(1), 333, 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed false implication, cited that co‑accused had already been released on bail, and asserted readiness to comply with any conditions. The State opposed bail, arguing the applicant’s criminal history, the seriousness of the alleged assault, and the risk of witness intimidation. The court examined the charge‑sheet, noting that the injuries were not on vital parts and that the applicant had prior acquittals, and concluded that stringent conditions could mitigate the risks. Accordingly, the court granted regular bail on a personal bond of Rs 50,000 with specific reporting and non‑interference conditions.

Issues considered

Whether regular bail should be granted to the accused despite serious charges under the Bharatiya Nyaya Sanhita and his criminal antecedents
Whether the risk of witness tampering or further offences can be adequately addressed by imposing conditions

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 333, 3(5), 351(3), 352

Subjects

regular bail
criminal procedure
Bharatiya Nyaya Sanhita
serious offences
witness tampering
court conditions
antecedents

Judgment

32-BA-417-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 417 OF 2026

Himmatrao Vajinath Patil … Applicant
Versus
The State of Maharashtra And Anr. … Respondents

——————
Mr. Prabodhan Jadhav a/w. Kiran Ghodake & Kshitija Gondkar for the
Applicant.
Mr. Nitin B. Patil, A.P.P. for the Respondents-State.
——————

Coram : MEHROZ K. PATHAN, J.

Date : 27th July 2026.

PER COURT :

1. The Applicant has approached this Court seeking regular bail in

connection with F.I.R. No. 0287 of 2025, dated 04/05/2025, registered with

Tembhurni Police Station, District Solapur Rural, for the offences punishable

under Sections 109, 118(1), 333, 352, 351(3), 3(5) of the Bharatiya Nyaya

Sanhita, 2023.

2. Learned counsel for the Applicant Mr. Jadhav submits that the

Applicant is arrested on 25/05/2025 and is behind bars since then. The

Applicant is falsely implicated in the present crime. There are other co-

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accused, who are already released on regular bail by this Court vide orders

(i) dated 25/02/2026 passed in Criminal B.A. No. 3787 of 2025 in Anantrao

Vaijinath Patil Vs. The State of Maharashtra and (ii) dated 01/04/2026

passed in Criminal B.A. No. 257 of 2026, Maharudra @ Mahesh Vaijinath

Patil Vs. The State of Maharashtra, who are identically placed, are alleged of

assaulting the victim and attempt to commit murder charges are also invoked

against them, and they are released on regular bail. Learned counsel for the

Applicant further submits that the Applicant is having three past criminal

antecedents. However, the Applicant is acquitted in two offences and one

offence is pending. The Applicant is ready to abide by any conditions that

may be imposed by this Court. The investigation is complete. No fruitful

purpose will be served by continuing the incarceration of the Applicant. The

charges are framed, however no witness is yet examined. The trial will take

its own time to conclude. Hence, the Applicant may be released on regular

bail.

3. As against this, learned A.P.P. strongly opposed the bail application on

the ground that the Applicant and the victim are residents of the same

village. Taking into consideration the criminal antecedents of the Applicant,

there is every likelihood that the Applicant may indulge in a similar offence

and threaten the complainant and other witnesses. The Applicant is the main

accused, who has been attributed the role of assaulting on the vital parts of

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the complainant, i.e., left forearm and face, causing grievous injuries which

could result in the death of the complainant. The Applicant is a history-

sheeter and has every motive to commit murder. Hence, there is sufficient

material prima facie to establish the offence under Section 109 of the

B.N.S.S.. Therefore, this is not a fit case to release the Applicant on regular

bail.

4. I have gone through the investigation papers, which have now

culminated in to filing of the chargesheet. The perusal of the same shows that

the Applicant though directly arraigned as one of the accused, however the

two injuries sustained by the complainant appears to be simple in nature and

only one grievous injury is sustained by the complainant-Dattatraya, which

was on a non-vital part, i.e., the forearm and face.

5. Be that as it may, these are prima facie observations made only for the

purpose of deciding the application. Since the Applicant has been acquitted in

his past criminal offences registered against him and the Applicant is ready to

abide by any conditions that may be imposed by this Court, and is behind

bars since 25/05/2025, I am inclined to release the Applicant. The

apprehensions of the learned A.P.P. can be taken care of by imposing stringent

conditions. Hence, the following Order :-

ORDER

i. The Application is allowed.

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ii. The Applicant - Himmatrao Vajinath Patil be released on bail in
connection with F.I.R. No. 0287 of 2025, dated 04/05/2025,
registered with Tembhurni Police Station, District Solapur Rural,
for the offences punishable under Sections 109, 118(1), 333,
352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023, on
furnishing P.R. Bond of Rs. 50,000/- (Rupees Fifty Thousand
only) with one or two solvent sureties in the like amount, on
the following conditions :-
(A) The Applicant shall attend the concerned Police Station
once in every three months, starting from 05/08/2026,
till conclusion of the trial.
(B) The Applicant shall not enter into the jurisdiction of the
Tembhurni Police Station, except for attending the
aforesaid dates, till conclusion of the trial.
(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 Card and Pan Card
to the Investigating Officer along with mobile numbers
and addresses of two of his near relatives.

6. Needless to say, a single violation of any of the conditions imposed by

this Court shall entitle the prosecution and the complainant to seek

cancellation of bail of the present Applicant.

7. The Application stands disposed off accordingly.

Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date: [ MEHROZ K. PATHAN, J. ]
2026.07.28
14:47:44 +0530

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