Gajanan Vitthalrao Puyad Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Gajanan Vitthalrao Puyad Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of; applicant to be produced before the Department of Psychiatry, Dr. Shankarrao Chavan Government Medical Hospital, Vishnupuri, Nanded, for evaluation and, if necessary, admission for treatment; liberty to parties to seek further directions by fresh application; applicant may file a fresh bail application on merits after treatment.

Issue for consideration

Whether the applicant is entitled to bail on merits. +1 more

Court's answer

Observation recorded without deciding merits: the prosecution case primarily relies on the evidence of the prosecutrix, her brother and one other witness; no injuries are mentioned in the medical report, although the possibility of sexual intercourse cannot be ruled out.

Ratio / Principle

In view of the applicant's medical condition, he shall be produced before the Department of Psychiatry, Dr. Shankarrao Chavan Government Medical Hospital, Vishnupuri, Nanded; the hospital authorities shall evaluate his condition and, if necessary, admit him for further treatment.

Key takeaways

The bail application is disposed of without a final decision granting or refusing bail; liberty is granted to the parties to seek further directions, if required, by filing a fresh application.ratio¶5
The applicant may file a fresh bail application on merits after seeking appropriate treatment from Civil Hospital.ratio¶5

Detailed headnote1 paragraphs

Bail Application No. 400 of 2025, High Court at Bombay, Bench at Aurangabad (Arun R. Pedneker, J., July 25, 2025): Applicant Gajanan Vitthalrao Puyad, in custody since 14/08/2024 in a case resting primarily on the evidence of the prosecutrix, her brother and one other witness, argued bail on merits and on medical grounds. The medical report recorded no injuries, opined that the possibility of sexual intercourse could not be ruled out, and stated that the applicant's illness was affecting his occupational functionality. Without finally deciding bail, the Court disposed of the application, directed that the applicant be produced before the Department of Psychiatry, Dr. Shankarrao Chavan Government Medical Hospital, Vishnupuri, Nanded, for evaluation and, if necessary, admission, and granted liberty to file fresh applications, including a fresh bail application on merits after treatment. Fees of the appointed advocate for respondent No. 2 were quantified at Rs. 10,000/-, payable by the High Court Legal Services Sub-Committee, Aurangabad.

2025:BHC-AUG:19954

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

929 BAIL APPLICATION NO. 400 OF 2025

Gajanan Vitthalrao Puyad VERSUS

The State Of Maharashtra And Another

… Advocate for Applicant : Mr. Dhage Vaibhav B. APP for Respondents-State: Mr. P. P. Dawalkar Advocate for Respondent No.2 : Mr. V. S. Yelmarne h/f Ms. Pranoti R Karpe (Appointed)

CORAM : ARUN R. PEDNEKER, J.

Dated : July 25, 2025.

PER COURT :-

Heard the learned Counsel for the applicant, the learned APP for the respondent–State, and the learned Counsel Mr. V. S. Yelmarne, holding for Ms. Pranoti R. Karpe, the appointed Counsel for respondent No.2.

The applicant has alternatively submitted that he is suffering from a medical condition, and accordingly, a medical report was called for. The learned Counsel has argued the bail application both on merits and on medical grounds.

Considered the medical report submitted to this Court. The doctor has opined that “the nature of the illness of the applicant is affecting his occupational functionality. Although he understands the current circumstances, the nature of the crimes, and their consequences.” The applicant is in custody since 14/08/2024. The prosecution case primarily relies on the evidence of the prosecutrix, her brother, and one other witness. Notably, there are no injuries mentioned in the medical report, although the opinion records that the possibility of sexual intercourse cannot be ruled out.

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929 BA 400-2025

In view of the medical condition of the applicant, he shall be produced before the Department of Psychiatry, Dr. Shankarrao Chavan Government Medical Hospital, Vishnupuri, Nanded. The hospital authorities shall evaluate his condition and, if necessary, admit him for further treatment.

The application is accordingly disposed of. However, liberty is granted to the parties to seek further directions, if required, by filing a fresh application. The applicant may also file fresh application for bail on merits after seeking appropriate treatment from Civil Hospital.

The fees of the appointed Advocate are quantified at Rs.10,000/(Rupees Ten Thousand only), to be paid by the High Court Legal Services Sub-Committee, Aurangabad.

( ARUN R. PEDNEKER, J. )

vj gawade/-.

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