Akshay Gurudatta Indoriya Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Akshay Gurudatta Indoriya 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.658/2023 dated 02/08/2023 of Hingoli (Town) Police Station on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions of non-contact with the informant, cooperation/attendance before the trial Court, non-tampering with evidence and non-influencing of witnesses, and disclosure of contact number and address; bail liable to cancellation on violation of conditions.

Issue for consideration

Whether the applicant, arrested in connection with FIR No.658/2023 dated 02/08/2023 of Hingoli (Town) Police Station for offences punishable under sections 307, 120(B) read with 34 IPC and sections 3, 27 of the Arms Act, 1959, should be released on bail, having regard to parity with co-accused already released and the period of incarceration undergone.

Court's answer

Bail is granted to the applicant, taking into account the Supreme Court's grant of bail to the co-accused (main accused Ajinkya) who was in jail for one year, and considering that the trial is likely to take a long time to conclude; the Court also weighed the prior assault by the victim on the applicant, bail already granted to other accused present at the spot, incarceration of one year and six months, the victim's only simple injuries, and the absence of antecedents against the applicant.

Ratio / Principle

Release is ordered on furnishing a PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court, subject to conditions: no contact with the informant during the pendency of the trial, cooperation with and attendance before the trial Court unless exempted, no tampering with prosecution evidence or influencing of informant/witnesses, and placement on record of contact number and residential address with updates on any change; violation renders the bail liable to cancellation.

Key takeaways

The observations made in the order are limited to the disposal of the present bail application, and the concerned Court shall proceed further in the matter without being influenced by them.obiter¶10

Detailed headnote1 paragraphs

Criminal — Bail — Offences under Ss. 307, 120(B) r/w 34 IPC and Ss. 3, 27 Arms Act, 1959 (FIR No.658/2023, dt. 02/08/2023, Hingoli Town P.S.) — Applicant in custody one year six months — Parity: main accused Ajinkya released on bail by the Supreme Court in Special Leave to Appeal No. 5231/2024 (dt. 31/07/2024) after one year's incarceration with charge-sheet filed, and other co-accused, including one bailed by this Court in Bail Application No. 1963/2024 (dt. 06/12/2024), already enlarged — Genesis of offence alleged to be a prior assault by the victim on the applicant; victim suffered only simple injuries; no antecedents against applicant — Trial likely to take a long time — Bail granted on PR bond of Rs.20,000/- with one or two sureties, with conditions (no contact with informant, attendance/cooperation before trial Court, no tampering with evidence or influencing witnesses, disclosure of contact details), breach inviting cancellation — Observations confined to disposal of the bail application. (Paras 7–10)

2025:BHC-AUG:2918

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

31 BAIL APPLICATION NO. 52 OF 2025

Akshay Gurudatta Indoriya VERSUS

The State Of Maharashtra

Advocate for Applicant : Mr. Ostwal Abhaykumar Dilip and Bagdiya Arpit Kamalkishor APP for Respondents-State: Mr. R. S. Wani

CORAM : ARUN R. PEDNEKER, J. Dated : February 03, 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.658/2023, dated 02/08/2023, registered with Hingoli (Town) Police Station, District Hingoli, for the offences punishable under sections 307, 120 (B) read with 34 of the Indian Penal Code and under Section 3, 27 of the Arms Act, 1959.

The learned counsel for the applicant submits that this Court granted bail to the co-accused by order dated 06/12/2024 in Bail Application No. 1963/2024. He further submits that the genesis of the offence lies in a prior assault by the victim on the applicant. The learned counsel states that the applicant was assaulted by the victim, and an FIR has been registered against the victim, who is currently in custody for another crime.

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31 BA 52-2025

The learned counsel further submits that several other coaccused persons, who were also seen in the CCTV footage along with the applicant, have been granted bail. He highlights that one of the main accused in the matter Ajinkya has been released on bail by the Hon’ble Supreme Court through an order dated 31/07/2024 in Special Leave to Appeal No. 5231/2024. The Hon’ble Supreme Court, in paragraphs 3 and 4 of its order, observed as follows:-

“3. The counter affidavit filed by respondent No.1 specifically stated that the petitioner is not found in the CCTV footage, however his voice could be identified in the audio recordings of the audio set found at the spot.”

“4. The petitioner has been arrested in connection with the offence under Section 307 IPC on 02/08/2023. The petitioner would complete one year of incarceration and the charge-sheet has also been filed.”

The learned counsel for the applicant submits that one of main accused has been granted bail due to the prolonged pendency of the trial. He contends that, on the same principle, the applicant also deserves to be released on bail.

Per contra , the learned APP refers to the CCTV footage, in which the applicant is allegedly seen firing at the victim. He has taken me through the injury certificate of the victim, which indicates that the victim suffered only simple injuries.

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31 BA 52-2025

Considering the rival submissions, it is evident that there was a prior incident involving an assault by the victim on the applicant. Other accused persons present at the spot have already been granted bail. The applicant has been in jail for one year and six months. The injury certificate of the victim confirms that he sustained only simple injuries, and there are no antecedents against the applicant.

Taking into account the order passed by the Hon’ble Supreme Court granting bail to the co-accused who was in jail for one year, and considering that the trial is likely to take a long time to conclude, the applicant is also 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.658/2023, dated 02/08/2023, registered with Hingoli (Town) Police Station, District Hingoli, for the offences punishable under sections 307, 120 (B) read with 34 of the Indian Penal Code and under Section 3, 27 of the Arms Act, 1959, on furnishing PR bond of Rs.20,000/- 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

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31 BA 52-2025

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.

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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