Dismissed¶28

Prakash Bhagwan Yadav v. Rahul Gokul Yadav and Others

Bombay HC20 Mar 2025APPLN/151/2025

Case brief

AI extract

What is this about?

Regular bail REJECTED — Bombay High Court, Aurangabad Bench, BA 18/2025 (with Cri. Appln. 151/2025), decided 20-03-2025, Abhay S. Waghwase, J. Crime No. 0258/2024, Talwada Police Station, Dist. Beed; offences under BNS ss. 109, 118(1)-(2), 189(2), 190, 191(2)-(3), 115, 351(3), 352, 352(2) and s. 135 Maharashtra Police Act. Water-dispute assault of 02.08.2024 with sticks, axe and sickles; three grievous injuries to informant and grievous injuries to his 60-year-old mother; charge-sheet filed November 2024; bail refused as not a fit case; original complainant allowed to assist APP.

What did the court decide?

Criminal Application No. 151 of 2025 is allowed; the original complainant is permitted to assist the learned A.P.P. ¶21

Prakash Bhagwan Yadav Vs Rahul Gokul Yadav and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶28

Issue for consideration

Whether the applicants, arrested in Crime No. 0258 of 2024 of Talwada Police Station, District Beed, for offences punishable under sections 109, 118(2), 118(1), 189(2), 191(2), 191(3), 190, 115, 352, 352(2), 351(3) of the Bharatiya Nyaya Sanhita and section 135 of the Maharashtra Police Act, should be released on regular bail. +1 more

¶14

Court's answer

Taking the accusations and their nature into consideration, the court held this is not a fit case for grant of bail.

¶27

Ratio / Principle

Criminal Application No. 151 of 2025 is allowed; the original complainant is permitted to assist the learned A.P.P.

¶21

Key takeaways

The bail application is rejected.ratio¶28

Detailed headnote1 paragraphs

Bail — Regular bail refused. High Court of Judicature at Bombay, Bench at Aurangabad (Bail Application No. 18 of 2025 with Criminal Application No. 151 of 2025), Abhay S. Waghwase, J.; reserved 18.03.2025, pronounced 20.03.2025. Applicants Rahul and Krushna, sons of Gokul Yadav, agriculturists of Gangawadi, Tq. Georai, Dist. Beed, arrested (according to their counsel) on 14.08.2024 in Crime No. 0258 of 2024 of Talwada Police Station for offences punishable under sections 109, 118(2), 118(1), 189(2), 191(2), 191(3), 190, 115, 352, 352(2), 351(3) of the Bharatiya Nyaya Sanhita and section 135 of the Maharashtra Police Act. Prosecution/informant's version: on 02.08.2024, following a dispute over the applicant letting water into the informant's field, the applicants returned with others armed with sticks, axe and sickles and attacked the informant and his mother; the informant sustained three grievous injuries (left parieto-occipital region, left eye, left knee) and his 60-year-old mother two fracture injuries and a CLW, said to be grievous; informant's counsel further pointed to a fractured skull requiring removal of a skull bone and stated two accused and associates remained at large. Counsel for applicants urged false implication, completion of investigation, recoveries already made, and charge-sheet filed in November 2024. Held: taking the accusations and their nature into consideration, not a fit case for grant of bail; application rejected. Criminal Application No. 151 of 2025 allowed — the original complainant permitted to assist the learned A.P.P.

¶1

2025:BHC-AUG:8090

¶2

BA.18.2025

¶3

-1-

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶5

BAIL APPLICATION NO. 18 OF 2025 WITH CRIMINAL APPLICATION NO. 151 OF 2025

¶6

Rahul S/o. Gokul Yadav, Age : 31 years, Occu. : Agril., R/o. Gangawadi, Tq. Georai, Dist. Beed.

¶7

Krushna S/o. Gokul Yadav, Age : 29 years, Occu. : Agril., R/o. Gangawadi, Tq. Georai, Dist. Beed. … Applicants

¶8

Versus

¶9

The State of Maharashtra, Through its Police Inspector, Talwada Police Station, Tq. Georai, Dist. Beed. … Respondent.

¶10

Mr. C. V. Thombre, Advocate for Applicants in BA/18/2025. Mr. N. D. Batule, APP for Respondent – State.

¶11

Mr. S. R. Shirsat, Advocate for Applicant (Asst. to APP) in APPLN/151/2025.

¶12

CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 18 MARCH 2025 PRONOUNCED ON : 20 MARCH 2025

¶13

ORDER :

¶14

Present applicants seek regular bail on account of their

¶15

arrest in Crime No.0258 of 2024 registered at Talwada Police

¶16

Station, District Beed for the offences punishable under sections 109,

¶17

118(2), 118(1), 189(2), 191(2), 191(3), 190, 115, 352, 352(2),

¶18

BA.18.2025

¶19

-2-

¶20

351(3) of the Bharatiya Nyaya Sanhita and under section 135 of the Maharashtra Police Act.

¶21

Criminal Application No.151 of 2025 is allowed. The original complainant is permitted to assist the learned A.P.P.

¶22

Learned counsel for applicants submitted that, applicants are arrested in above crime on 14.08.2024. That, there is false implication. That, there are mere allegation of causing fracture by means of wooden log. That, now investigation is over and whatever recovery is already recovered. That, charge sheet is already filed in November 2024. Therefore, when no further recovery or discovery is to be made and as applicants are ready to abide all and any conditions imposed by this court, learned counsel seeks grant of bail.

¶23

Learned APP as well as learned counsel for informant, both have strongly opposed on the ground that, there is use of two sickles and wooden log. Presents applicants are also named. Learned counsel for informant pointed out that, injured suffered fractured to skull and one skull bone was required to be removed. He further pointed out that, there are other grievous injuries and moreover two accused and associates of accused is at large and for above reasons, application is opposed.

¶24

BA.18.2025

¶25

-3-

¶26

Heard. Perused the papers. Informant Prakash has reported that, on 02.08.2024, around 8.30 a.m., he and his parents were busy in agricultural activity in their field. That time, his neighbour Rahul Yadav i.e. present applicant carved the ridge (bandh) and let the water in the field of informant and this was questioned. It is reported that, after abusing and threatening, Rahul Yadav i.e. present applicant went and returned around 9.45 a.m. along with Krushna Yadav (present applicant no.2), Gokul Yadav, Narbada Yadav and Anil Angad and they all came with articles like sticks, axe and sickle and mounted attack on informant and his mother. Injury certificates to which attention of this court is invited shows that, there are three grievous injuries suffered by informant on left parieto occipital region, left eye and left knee. Mother of injured, who is 60 years old, has also suffered two fracture injuries and one CLW and both injuries said to be grievous in nature.

¶27

Taking the above accusations into consideration and nature of allegations, this court does not find it a fit case for grant of bail.

¶28

7. The application is rejected.

¶29

(ABHAY S. WAGHWASE, J.)

¶30

Tandale

Prakash Bhagwan Yadav v. Rahul Gokul Yadav and Others

Case brief

What is this about?

What did the court decide?

Prakash Bhagwan Yadav v. Rahul Gokul Yadav and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Arun Ngorao Gore Vs the State of Maharashtra

Prawin Rupchand Rajput Vs the State of Maharashtra and Another

Mangesh Kisan Ghuge Vs the State of Maharashtra

Rahul Gokul Yadav and Another Vs the State of Maharashtra

Santosh Arunrao Survase Vs the State of Maharashtra

Sachin Sudam Kamble Vs the State of Maharashtra