Harshal Rajendra Medhe,Age: 21 Years, Occu: Labour v. The State of Maharashtra,Through Dhule City Police StationTaluka and District Dhule

IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADBAIL APPLICATION NO.1955 OF 2025Harshal Rajendra Medhe, Age: 21 Years, Occu: Labour,R/o. Sahajivan Nagar, Laxmiwadi, Dhule...Applicant(Orig. Accused)VersusThe State of Maharashtra, Through Dhule City Police StationTaluka and District Dhule..Respondent …Mr. C. C. Deshpande, Advocate for Applicant.Mr. B. B. Bhise, APP for Respondent. … CORAM : S. G. CHAPALGAONKAR, J. DATED : 16th MARCH, 2026ORDER:-1.The applicant seeks regular bail in connection with CrimeNo.107/2024 registered with Dhule City Police Station, Dist. Dhule for offences punishable under Sections 302, 243, 143, 147,148, 149, 323, 504, 506 of Indian Penal Code and Sections 37(1),37(3), 135 of Maharashtra Police Act, 1951.2.The investigation was set in motion on the basis ofinformation given by Rushikesh Chhagan Guldagade. It isalleged that in year 2018 brother of informant Amol had assultedaccused Harshal Medhe. On 03.03.2024, Cricket Tournament wasarranged. At about 12.15 pm while informant was standing nearMahadeo Temple, he heard noise absuing name of his brotherAmol. Accused Aditya, Harshal, Raju, Jayesh @ Golu Dhapte and (2) ba-1955-2025.odtGunwant Sonawane were found assaulting Amol. The accusedAditya Mendhe inflicted injury by sharp weapon on neck of Amol. When Amol fell down, accused/applicant sat on his chest andpressed his neck using hankerchief. The accused Raju Mendhepelted stone towards Amol. Accused Gunwant Sonawane washolding sharp weapon, but he gave kick blows to Amol. AccusedJayesh @ Golu hit Amol by wooden log. Amol suffered fatalinjuries and declared dead at Government Medical Hospital, Dhule. The aforesaid information culminated into registration ofoffence against in all five accused persons including applicant. The applicant came to be arrested on 04.03.2024. Since then, heis behind bar. His Bail Application has been rejcted by SessionsCourt vide order dated 24.12.2024. Hence, this Application.3.Mr. Chaitanya Deshpande, learned Advocate appearing forapplicant submits that applicant has been falsely implicated inaforesaid crime. The fatal injuries caused to deceased Amol byaccused Aditya Mendhe. The applicant was not holding anyweapon. The allegations against him is limited to the extent thathe sat on chest of deceased and attempted to strangulate him. Accused Rajendra and Jayesh Dhapte have been already releasedon bail. Therefore, applicant deserves benefit of parity. Theapplicant is behind bar for more than two years. The trial wouldtake its own course. (3) ba-1955-2025.odt4.Per contra, Mr. Bhise, learned APP opposes Bail Applicationcontending that accused persons formed unlawful assembly andcaused murder of deceased. The role of applicant is specificallydisclosed in FIR and in statements of eye witnesses. Thedeceased had suffered as many as 15 injuries. 5.Having considered submissions advanced by learnedAdvocates appearing for respective parties, it is apparent thatapplicant has been named in FIR alongwith other accusedpersons. The FIR stipulates that accused Aditya Mendhe hadinflicted injuries by sharp weapon on neck of deceased Amol. Theapplicant is alleged to have attempted to throttle Amol. Thepostmortem report suggests that Amol had sufferred multipleinjuries. The fatal injuries appears to be over antero-lateralaspect of neck on left side. The size of injury is 12 cm x 0.5 cmsubcutaneous tissue deep. The final cause of death is shown ashead injury. The cause of death appears to be linked with injuriesno.2 and 3 on forehead or abrasion over occipital region.6.The learned Advocate appearing for applicant insisted forgrant of bail on ground of parity, as two accused persons named inFIR are already granted bail by this Court. This Court finds thateven while releasing accused Rajendra, this Court observed thatmain allegations are against Aditya. Accused Rajendra isreleased since there was no recovery of stone, which had caused (4) ba-1955-2025.odtinjury to toe of deceased. The accused Jayesh Dhapte is releasedon bail since he is alleged to have given blow of wooden log, whichwas not seized from him. The applicant is said to have mountedon chest of deceased after he fell to ground as a result of blow byaccused Aditya and is alleged to have attempted to throttle Amol.It is, therefore, difficult to link applicant with fatal injury, particularly relatable to cause of death. The applicant deserves tobe released on bail on principle of parity. Further, applicant hasalready suffered incarciration of two years and trial is likely totake much time for conclusion. Resultantly, case is made out forgrant of bail subject to certain conditions. Hence, following order:ORDER(i)Bail Application is allowed.(ii)The applicant, Harshal Rajendra Medhe be released on bailin Crime No. 107/2024 registered with Dhule City Police Station, Dist. Dhule for offences punishable under Sections 302, 243, 143,147, 148, 149, 323, 504, 506 of Indian Penal Code and Sections37(1), 37(3), 135 of Maharashtra Police Act, 1951 on furnishingP.B. and S.B. of Rs.50,000/- (Rs.Fifty Thousand only) on followingcondition:a.The applicant shall not tamper with prosecutionevidence in any manner.b.The applicant shall attend each and every effective (5) ba-1955-2025.odtdate before the Trial Court.c.The applicant shall not indulge in criminal activity.(iii)Application is disposed of. (S. G. CHAPALGAONKAR)JUDGEDevendra/March-2026