MADHAV VISHWANATH BENDRIKARversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:24653
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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            45 BAIL APPLICATION NO. 771 OF 2026
                                 Madhav Vishwanath Bendrikar
                                           VERSUS
                             The State Of Maharashtra And Another
                                               ......
          Mr. Shahaji B. Ghatol Patil, Advocate for Applicant
          Mr. S.D. Ghayal, Addl.P.P. for Respondent-State
                                               ......

                                          CORAM : SIDDHESHWAR S. THOMBRE, J.
                                          DATE       : 22 JUNE, 2026
          PER COURT :

          1.     Heard the learned counsel Mr. Shahaji B. Ghatol Patil, Advocate for

          the applicant and the learned APP Mr. S.D. Ghayal for respondent-State.


          2.     By this application, the applicant seeks his release on bail in

          connection with Crime No.270 of 2025 registered with Naigaon Police

          Station, District Nanded, for the offences punishable under Sections 103 (1),

          109, 351(2), 351 (3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.


          3.     The brief facts of the prosecution is that on 29.12.2025, the

          informant at about 4.30 a.m. was feeding cattle in the cattle shade adjacent

          to his house at village Bendri. The applicant and the accused persons

          approached informant and demanded that he withdraw the criminal case

          instituted against Santosh Bendrikar at the instance of his wife Uma. It is

          further alleged that the applicant with the other co-accused poured petrol

          on informant and set him on fire using matchstick. Informant was admitted
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in Vishnupuri Govt. Hospital. Resultantly, FIR was registered.


4.     Learned counsel for the applicant submits that, in fact, it is the case

of suicide and because of the previous enmity, the applicant has been falsely

implicated in the present crime. He submits that the applicant is aged about

58 years and that the principal allegations are directed against co-accused

Santosh Bendrikar. According to him, no overt act is attributed to the

present applicant either of pouring petrol on the deceased or of setting him

ablaze. It is further submitted that the applicant has been in custody since

29.12.2025. Investigation is complete and the charge-sheet has already been

filed. Therefore, further custodial detention of the applicant is not

warranted. On these grounds, he seeks grant of bail.


5.     Per contra, learned APP vehemently opposes the application. He

submits that there are two dying declarations on record, including one

recorded by the learned Magistrate, and both are consistent with each other.

According to the prosecution, the present applicant cannot claim absence of

participation, as the material collected during investigation, particularly the

dying declarations, specifically attributes to him the role of catching hold of

the deceased while the incident was being executed. It is, therefore,

submitted that the role attributed to the applicant is similar to that of the

other co-accused persons. Considering the gravity of the offence and the

consistent dying declarations, learned APP prays for rejection of the

application.
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6.     I have carefully considered the rival submissions and perused the

FIR, charge-sheet and other material placed on record.


7.     At the outset, I do not find any substance in the contention that the

applicant deserves indulgence on the ground of old age. The investigation

papers indicate that the applicant is about 58 years old and, in the facts of

the present case, the said circumstance by itself does not constitute a ground

for grant of bail. As regards the role attributed to the applicant, a prima

facie perusal of the material collected during investigation, particularly the

two dying declarations of the deceased, reveals that a specific role has been

assigned to him. The deceased has consistently stated that the present

applicant had caught hold of him during the incident. Significantly, both the

dying declarations, including the one recorded by the learned Magistrate,

are consistent on this material aspect.


8.     At this stage, the dying declarations cannot be discarded or subjected

to a meticulous examination. Prima facie, they indicate active participation

of the applicant in the commission of the offence. The role attributed to the

applicant is not distinguishable from that of co-accused Santosh Bendrikar

and Shivkumar Bendrikar. Considering the nature and gravity of the

accusations, the specific role assigned to the applicant, and the consistency

in the dying declarations, I am not inclined to exercise discretion in favour

of the applicant. Consequently, the application deserves to be rejected.
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Hence, the following order :

                                      ORDER


(i)        The Bail Application stands rejected.


(ii)       Needless to state that the observations made herein are prima facie
in nature and confined to the adjudication of the present bail application.
The Trial Court shall not be influenced by any of the observations made in
this order while deciding the case on its own merits.



                                               [ SIDDHESHWAR S. THOMBRE ]
                                                         JUDGE
S P Rane