Bombay High Court
AMOL BHASKAR PATILversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
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
- Arms Act — s. 25, 3
- Maharashtra Police Act — s. 135
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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57-BA-388-2026 (CR).doc
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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57-BA-388-2026 (CR).doc
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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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