Kadubal Sheshrao Kirtishahi vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Kadubal Sheshrao Kirtishahi vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant to be released on bail in connection with FIR No.0144/2025 on furnishing a PR bond of Rs.25000/- with one or two sureties in the like amount, subject to conditions: (i) no contact with the informant during the pendency of the trial; (ii) co-operation with and attendance on each and every trial Court date unless exempted; (iii) no tampering with prosecution evidence and no influencing of the informant, witnesses or other persons concerned; (iv) placing on record of the trial Court his contact number and residential address with updates on any change; breach renders the bail liable to cancellation; observations limited to disposal of the bail application.

Issue for consideration

Whether the applicant, arrested in connection with FIR No.0144/2025 dated 08/05/2025 registered with Waluj Police Station for offences punishable under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, should be released on bail.

Court's answer

As the medical certificate produced before the Court indicated that the injury sustained by the informant was simple in nature, the applicant was granted bail.

Detailed headnote1 paragraphs

Bail granted. Kadubal Sheshrao Kirtishahi, arrested on 08/05/2025 in connection with FIR No.0144/2025 registered with Waluj Police Station, District Gangapur, Dist. Chh. Sambhajinagar, for offences punishable under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, was alleged to have caught hold of the informant's hands from behind during a Haldi program on 07/05/2025 while a co-accused stabbed the informant. The charge-sheet had not been filed. The learned APP opposed bail, noting recovery of the knife at the co-accused's instance. As the medical certificate showed the informant's injury to be simple in nature, Arun R. Pedneker, J. granted bail on a PR bond of Rs.25000/- with one or two sureties in the like amount, subject to conditions including no contact with the informant, attendance on every trial date unless exempted, no tampering with evidence or influencing of witnesses, and disclosure of contact number and residential address; violation would render the bail liable to cancellation, and the Court's observations were limited to disposal of the bail application. (Decision dated June 27, 2025.)

2025:BHC-AUG:16424

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

974 BAIL APPLICATION NO. 1024 OF 2025

Kadubal Sheshrao Kirtishahi VERSUS

The State Of Maharashtra

Advocate for Applicant : Mr. Nitin Trimbak Tribhuwan APP for Respondents-State: Ms. P. V. Diggikar

CORAM : ARUN R. PEDNEKER, J.

Dated : June 27, 2025.

PER COURT :-

Heard learned counsel for the applicant and the learned APP for the respondent-State.

The applicant is seeking bail as he was arrested in connection with FIR No.0144/2025, dated 08/05/2025, registered with Waluj Police Station, District Gangapur, Dist. Chh. Sambhajinagar, for the offences punishable under sections 109, 3(5) of Bharatiya Nyaya Sanhita.

The allegation against the applicant is that on 07/05/2025, on account of the Haldi program of the friend of the informant, the applicant caught hold of the hands of the informant from behind and asked the co-accused to kill the informant. The co-accused then stabbed the informant on the right side of his chest and ribs with a sharp knife, thereby causing injuries.

The applicant was arrested on 08/05/2025, and an FIR has been registered. The charge-sheet in the matter is yet to be filed.

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974 BA 1024-2025

The learned APP points out that the knife was recovered at the instance of the co-accused. The learned APP opposed to grant of bail.

The medical certificate produced before me indicates that the injury sustained by the informant is simple in nature. In view of the same, the applicant is granted bail.

In view of the above, the application is allowed in the following terms: -

a] The applicant shall be released on bail in connection with FIR No.0144/2025, dated 08/05/2025, registered with Waluj Police Station, District Gangapur, Dist. Chh. Sambhajinagar, for the offences punishable under sections 109, 3(5) of Bharatiya Nyaya Sanhita, on furnishing PR bond of Rs.25000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.

c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.

d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

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974 BA 1024-2025

e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.

Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

The application stands disposed of.

( ARUN R. PEDNEKER, J. )

vj gawade/-.

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