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2025:BHC-AS:57101 904-BA-4732-2025.DOC

Ajit Pathrikar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 4732 OF 2025

Karan Sudhakar Kangere ...Applicant

Versus

State Of Maharashtra ...Respondent

Mr. Mahesh Funde, for the Applicant.

Ms. Manisha R. Tidke, APP for the State-Respondent.

CORAM DR. NEELA GOKHALE, J.

DATED: 23^rd DECEMBER 2025

PC:-

1. By order dated 19^th December 2025, this Court had

directed Dr. Trupti Magare of Central Hospital, Ulhasnagar to

explain the notings in her report, which was very ambiguous.

Today, Ms. Manisha Tidke, learned APP, has placed on record

the death certificate of Dr. Trupti, who passed away on 2^nd

November 2025. Hence, there is no question of any report

being submitted by her. The death certificate is taken on

record and marked as ‘X’ for identification. She has also

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tendered a fresh medical report pertaining to the injured

victim.

2. The Applicant seeks his release on bail in connection

with C.R. No. 543 of 2024 dated 17^th October 2024 registered

with the Kalyan Taluka Police Station, Thane Rural for the

offences punishable under Sections 118(2), 118(1), 189(2),

189(4), 190, 191(3), 333 and 324(4) of the Bharatiya Nyaya

Sanhita, 2023 (for short, “BNS”) and Sections 137, 1 and 3 of

the Maharashtra Police Act, 1951.

3. The case of the prosecution, in brief, is that on 16^th

October 2024, at around 12:00 a.m. in the night, while the

First Informant was sleeping in the room with his friend, three

to four persons came and banged the First Informant’s door.

The First Informant opened the door and they entered the

house. They were carrying iron rod and other iron weapons in

their hand. They assaulted the First Informant and his friend

with the iron rod. Consequently, the First Informant suffered

injuries on his head. Two persons also assaulted him on his

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legs and back. After assaulting them, all of them ran away.

The Applicant and co-accused were arrested pursuant to

registration of the FIR.

4. The Applicant made an application seeking bail before

the Additional Sessions Judge, Kalyan. However, by order

dated 31^st July 2025, the said application was rejected. Hence,

the Applicant is before this Court for the relief as prayed.

5. At the very outset, Mr. Mahesh Funde, learned Counsel

for the Applicant, submits that the main accused namely Vikas

Kailash Ahire, who was the person committing the overt act of

beating the First Informant with an iron rod on his head, was

granted bail by the Trial Court. He submits that considering

that the Applicant’s role is much lesser than that of the main

accused, on the principle of parity, the Applicant be also

enlarged on bail. He also submits that there is no material on

record to demonstrate the presence of the Applicant along

with the main accused, Vikas Ahire. He thus, prays that the

Applicant be enlarged on bail.

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6. Per contra, Ms. Tidke has placed on record the Injury

Certificate pertaining to the injured victim. The Injury

Certificate indicates that the injuries are grievous and are on

the vital parts. The medical certificate also reveals

“Undisplaced fracture of right frontal bone noted extending

into roof of orbit”. There are other injuries as well. She states

that the Applicant also has two antecedents relating to

offences concerning bodily injuries. She thus, prays that the

Bail Application be rejected.

7. I have heard learned Counsel appearing for the

respective parties and perused the record with their

assistance.

8. Admittedly, the main accused i.e. Vikas Ahire, whose

name surfaced in the statement of the witnesses as well as the

statement of the injured victim, is granted bail by