Nilesh Suresh Nande v. The State Of Maharashtra

Digitally signed by CHITRA SANJAY SONAWANE Date:

2025.09.18 10:53:49 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 11-BA-5368-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Bail Application No.5368 of 2024 Nilesh Suresh Nande Age: 24 yrs, Occ: Service, R/o Sai Plaza Hotel, Tal-Trambakeshwar, Dist. Nashik (Presently lodged in Nashik Road Central Prison, Nashik) ... Applicant.

Vs.

The State of Maharashtra (at the instance of Trambakeshwar Police Station vide CR No.331 of 2023) ... Respondent. --- Mr Aniket Vagal for the applicant.

Mr Arfan Sait, APP for the respondent / State. GPSI Gite with PI Mahesh Kulkarni, Trambakeshwar Police Station.

--- Coram : R.N.Laddha, J.

Date : 17 September 2025.

P.C. :

Heard Mr Aniket Vagal, learned Counsel appearing on behalf of the applicant and Mr Arfan Sait, learned Additional Public Prosecutor representing respondent/ State. 2.

By this application, the applicant is seeking bail in connection with CR No.331 of 2023, registered at Page No. 1 of 5

Chitra Sonawane 11-BA-5368-2024.doc Trambakeshwar Police Station, Nashik Rural, for the offences punishable under Sections 302 and 201 of the Indian Penal Code (IPC).

3.

The learned counsel appearing on behalf of the applicant, asserts the applicant's innocence, contending that the applicant has been falsely implicated in the crime. It is submitted that the investigation is completed, and the charge sheet has been filed. The applicant was arrested on 8 January 2024, and since then, he has been behind the bars. Furthermore, except for the alleged extra-judicial confession attributed to the applicant/accused, there exists no substantive material on record which prima facie connects the present applicant with the commission of the alleged offence. It is submitted that the applicant has no criminal antecedents and there is no flight risk as the applicant undertakes to face trial. The learned Counsel, on instructions, also undertakes that the applicant will not enter the jurisdiction of the Nashik District till the conclusion of the trial proceedings.

4.

The learned Additional Public Prosecutor representing the respondent/ State, opposing the applicant's request, Page No. 2 of 5

Chitra Sonawane 11-BA-5368-2024.doc submits that the offence is grave and serious in nature. The extra-judicial confession of the applicant clearly demonstrates his involvement in the offence.

5.

Upon careful perusal of the case records, it is revealed that, save and except the alleged extra-judicial confession attributed to the applicant/accused, there exists no substantive material on record which prima facie connects the present applicant with the commission of the alleged offence. It further appears that no motive has been ascribed to the applicant that would warrant his involvement in the crime in question. Moreover, it is a matter of record that no recovery of blood-stained clothes has been effected from the applicant, nor has any alleged weapon of offence been recovered at his instance. The applicant is a young individual of 24 years of age and has no antecedents of criminal nature to his discredit.

Additionally, the learned Counsel appearing on behalf of the applicant, upon due instructions, undertakes that the applicant shall not enter within the territorial jurisdiction of the Nashik District until the culmination of the trial, save and except for the purpose of attending the proceedings of the trial as and when required. It further appears that the applicant has remained Page No.

Chitra Sonawane 11-BA-5368-2024.doc in custody since 8 January 2024. The trial is likely to consume considerable time for its conclusion. The apprehension of the prosecution that the applicant may tamper with the prosecution evidence and influence the witnesses can be taken care of by imposing appropriate conditions.

6.

In view of the foregoing circumstances, and having regard to the nature of the material available on record, this Court is satisfied that a case is made out for grant of bail in favour of the applicant. Hence, the following order :

ORDER

(i) The applicant shall be released on bail in connection with CR No.331 of 2023, registered at Trambakeshwar Police Station, Nashik Rural, upon furnishing a PR Bond of Rs.25,000/- with one or more sureties in the like amount.

(ii) The applicant, himself or through any other person, shall not tamper with the evidence and exert influence over witnesses.

Page No. 4 of 5

Chitra Sonawane 11-BA-5368-2024.doc (iii) The applicant shall not enter the jurisdiction of the Nashik District until the culmination of the trial, save and except for the purpose of attending the proceedings of the trial.

(iv) The applicant shall regularly attend and cooperate with the jurisdictional Court for the expeditious disposal of the case.

7.

The application stands disposed of accordingly. [R. N. Laddha, J.] Page No. 5 of 5