Nagesh Annarao Chikale v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3536 OF 2025 Nagesh Annarao Chikale .... Applicant
Versus
The State of Maharashtra .... Respondent ----- Mr. Jaydeep D. Mane (Through VC), Advocate for the Applicant. Ms. Priyanka S. Rane, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.
Digitally signed by SHANTANU SHANKARSA DHUDUM Date:
2025.11.21 14:43:11 +0530 DATE : 20th NOVEMBER, 2025.
SHANTANU SHANKARSA DHUDUM P.C. :
1.
By this application, the Applicant is seeking regular bail in connection with C.R. 315 of 2024 registered with Vijapur Naka Police Station, for the offences punishable under Sections 103(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS Act"). 2.
It is prosecution's case that on 1st July, 2024, the deceased was found murdered and lying in a pool of blood, having been assaulted with iron rod. Initially, the offence was registered against unknown person. In investigation, it is revealed that the deceased was last seen with the Applicant in CCTV footage. Shantanu S. Dhudum 1/3
3.
It is contention of learned counsel for the Applicant that the deceased was habitual drunkard. The Applicant has been arrested merely on the basis of CCTV footage. The Applicant is behind bar for more than one year and three months. The Applicant has no antecedents. It may take time to conclude the trial, and requested to allow the application.
4.
It is contention of learned APP that the charge is framed against the Applicant. One witness has been examined, and trial is in progress. The Applicant was last seen with the deceased. The blood stained cloths of the Applicant were seized. He was immediately arrested after the incident. If the Applicant is released on bail, he may threaten the prosecution witnesses, and requested to reject the application.
5.
I have heard both learned counsel, perused F.I.R. and documents produced on record.
6.
The prosecution case is based on circumstantial evidence. The only connecting link between the Applicant and the murder of the deceased is CCTV footage and the last seen together. To prove the involvement of the Applicant in the crime, evidence is required. The Applicant is behind bar for more than one year and Shantanu S. Dhudum 2/3
three months. It may take time to conclude the trial. The Applicant has no antecedents. Considering these facts, I pass following order:
ORDER
i. Application is allowed.
ii. The Applicant be released on bail in connection with C.R.315 of 2024 registered with Vijapur Police Station, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.
iii. The Applicant shall attend the concerned police station as and when required.
7.
The application is allowed in the aforesaid terms and is accordingly disposed off.
8.
It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.
9.
All concerned to act on the authenticated copy of this order. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 3/3