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Bombay High Court

AMOL BHASKAR PATILversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The applicants are entitled to regular bail because investigation is complete, charge-sheet is filed, they have been in custody for over five months, co-accused have been released, the first informant has no objection, and the CCTV footage shows no participation in the assault by all applicants except Amol Patil, whose alleged role was fist and kick blows.

Summary

The applicants filed four bail applications in the Bombay High Court seeking regular bail in Crime No. I-275/2025 registered at Sarkarwada Police Station, Nashik City, for offences under various sections of the BNSS, the Arms Act, and the Maharashtra Police Act. The prosecution alleged that on 29/09/2025 the applicants and co-accused assaulted the first informant and his friends with an iron rod and fired at them with intent to kill. The applicants contended that co-accused with similar allegations had been released on bail, the first informant had no objection, and the specific allegations against each applicant were limited. The State opposed bail, citing CCTV footage, recovery of a pistol at the instance of applicant Ajay Bagul, and the risk of witness tampering. The court perused the charge-sheet and CCTV footage and noted that all applicants except Amol Patil did not participate in the assault, while Amol Patil was alleged to have assaulted with fist and kick blows. The applicants had been in custody for more than five months, investigation was complete, and charge-sheet had been filed. The court allowed the bail applications on PR bond of Rs.25,000 each with sureties and imposed conditions.

Issues considered

  • Whether the applicants are entitled to regular bail in Crime No. I-275/2025 for offences under the BNSS, Arms Act, and Maharashtra Police Act.
  • Whether continued detention of the applicants is necessary when investigation is complete, charge-sheet is filed, and they have been in custody for more than five months.
  • Whether parity with co-accused released on bail and the first informant's no objection justify grant of bail.
  • Whether the specific allegations against each applicant and the CCTV footage showing limited participation affect the grant of bail.

Legislation cited

Subjects

  • Bail
  • Criminal Law
  • BNSS
  • Arms Act
  • Maharashtra Police Act
  • CCTV Footage
  • Custody
  • Charge-sheet
  • Parity
  • No Objection by Informant

Judgment

                                                                    57-BA-388-2026 (CR).doc


                   TIKAM


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                    BAIL APPLICATION NO. 388 OF 2026
VAISHALI
ANIL
TIKAM              Ajay Dilip Bagul                                ...Applicant
                   VERSUS
Digitally signed
by VAISHALI        The State Of Maharashtra & Anr.                 ...Respondents
ANIL TIKAM
Date:              _________________________________________________________________
2026.03.30
14:17:09 +0530

                   Mr. Niranjan Mundargi i/by Kunal Ambulkar, Advocate for Applicant.
                   Mr. S.S. Pednekar, APP for Respondent-State.
                   Mr. Shrirang Katneshwarkar a/w. Yatish Desale, Advocate for Respondent
                   No.2.
                   PSI S.K. Sangale, Crime Branch, Nashik present.
                   _________________________________________________________________

                                                   WITH
                                     BAIL APPLICATION NO. 472 OF 2026
                                               (Serial No. 64)
                   Amol Bhaskar Patil                               ...Applicant
                   VERSUS
                   The State Of Maharashtra & Anr.                  ...Respondents
                   _________________________________________________________________

                   Mr. Raui Asabe i.by Akshay Bankapur, Advocate for Applicant.
                   Mr. S.S. Pednekar, APP for Respondent-State.
                   Mr. Shrirang Katneshwarkar a/w. Mr. Yatish Desale, Advocate for
                   Respondent No.2.
                   PSI S.K. Sangale, Crime Branch, Nashik.
                   _________________________________________________________________

                                                   WITH
                                     BAIL APPLICATION NO. 605 OF 2026
                                               (Serial No.78)
                   Babasaheb @ Mama Walmik Rajwade                  ...Applicant
                   VERSUS
                   State of Maharashtra & Anr.                      ...Respondents
                   _________________________________________________________________



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                                                    57-BA-388-2026 (CR).doc


TIKAM


Mr. Ashok Mundargi i/by Mr. Satyajeet Dighe, Advocate for Applicant.
Mr.S.R. Agarkar, APP for Respondent-State.
Mr. Shrirang Katneshwarkar a/w. Yatish Desale, Advocate for Respondent
No.2.
PSI S.K. Sangale, Crime Branch, Unit -1, Nashik City present.
_________________________________________________________________
                                 WITH

                 BAIL APPLICATION NO. 689 OF 2026
                            (Serial No.81)
Deepak @ Pappu Rajendra Jadhav                  ...Applicant
VERSUS
State Of Maharashtra & Anr.                     ...Respondents
_________________________________________________________________

Mr. Sachin Kadam, Advocate for Applicant.
Mr.S.S. Pednekar, APP for Respondent-State.
Mr. Shrirang Katneshwarkar a/w.Yatish Desale, Advocate for Respondent
No.2.
PSI S.K. Sangle, Crime Branch, Nashik present.
_________________________________________________________________


                                  CORAM       :   SHIVKUMAR DIGE, J.
                                  DATE        :   24th MARCH, 2026.
P.C. :

1.        Heard learned counsel for the Applicants, learned APP for the

State and learned counsel for Respondent No.2.

2.        The Applicants in all these applications are accused in same

crime. Hence, I am deciding these applications by this common order.

3.        The Applicants are seeking regular bail in Crime No. I-

275/2025, registered with Sarkarwada Police Station, Nashik City, Nashik

for the offences punishable under Sections 109, 118(2), 140, 190, 191(3),


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TIKAM


351(2), 352 of Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), Sections

3,25 of Arms Act and Section 135 of the Maharashtra Police Act.

4.         It is prosecution's case that on 29/09/2025, the Applicants and

co-accused assaulted the first informant and his friends with an iron rod

and fired at them with intention to kill them.

5.         It is contention of learned counsel for the Applicants that the

co-accused, having similar allegations, has been released on bail. The first

informant has no objection to allow the bail applications of the applicants.

           The allegations against the Applicant Ajay Dilip Bagul are that

the co-accused Ajay Borisa handed over him pistol after the firing at the

first informant. Except that there are no allegations against the Applicant-

Ajay Bagul.

           The allegations against the Applicant -Amol Bhaskar Patil are

that he assaulted the first informant and injured with fist and kick blows.

There are no allegations that he assaulted the first informant    with sharp

weapon.

           There are no specific allegations against the Applicant-

Babasaheb @ Mama Walmik Rajwade that he assaulted first informant

and injured.

           There are no specific allegations against the Applicant - Deepak

@ Pappu Rajendra Jadhav the he assaulted the first informant or injured.


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TIKAM


           The Applicants are behind bars for more than five months.

Investigation is completed and charge-sheet has been filed and requested

to allow the applications.

7.         It is contention of learned APP that Applicants and co-accused

assaulted the first informant and his friends with sharp weapon and fired

at him with intention to kill them. The entire incident is captured In

CCTV footage. The presence of applicants have been noted. The pistol

used in crime, is recovered at the instance of Applicant- Ajay Bagul.If

Applicants are released on bail, they may threaten the first informant and

prosecution witnesses and requested to reject the applications.

8.         It is contention of learned counsel for first informant that the

first informant has no objection to allow the bail application of the

applicants. Learned counsel submits that first informant is present in the

court and on instructions, he seeks leave to file vakalatnama. Leave

granted.

9.         I have heard all learned counsel, perused charge-sheet and

documents produced on record.

10.        The CCTV footage of the incident produced on record. From the

CCTV footage it appears that all the applicants except Amol Patil did not

participate in the assault to the first informant.   The allegations against

Amol Patil are assaulting the first informant and injured with fist and kick


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                                                        57-BA-388-2026 (CR).doc


TIKAM


blows. The main allegations are against the co-accused, who are behind

bars. Applicants are behind bars more than 5 months. Investigation is

completed and charge-sheet has been filed. It may take time to conclude

the trial.

11.          Considering these facts, I pass following order:

(i)          Applicants viz. Ajay Dilip Bagul in Bail Application No. 388 of

2026, Amol Bhaskar Patil in Bail Application No.472 of 2026, Babasaheb

@ Mama Walmik Rajwadi in Bail Application No. 605 of 2026 and Deepak

@ Pappu Rajendra Jadhav in Bail Application No. 689 of 2026 be released

on bail Crime No. I-275/2025, registered with Sarkarwada Police Station,

Nashik City, Nashik, on furnishing PR bond of Rs.25,000/- each with one

or two solvent sureties each in the like amount.

(ii)         The Applicants shall not tamper with the evidence and/or

influence the prosecution witnesses.

(iii)        The Trial Court shall decide the case on its own merits and in

accordance with law, uninfluenced by the observations made in this order.

(iv)         The Applicants shall attend the concerned police station as and

when called and cooperate with the investigating officer.

(v)          Bail Applications are allowed in the aforesaid terms.



                                                      (SHIVKUMAR DIGE, J.)


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