Kanchan Alias Kalpesh Shrimant Salve v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 948 BAIL APPLICATION NO. 2525 OF 2025 Kanchan Alias Kalpesh Shrimant Salve ....Applicant

VERSUS

The State of Maharashtra .....Respondent Mr. S. P. Mahale, Advocate for Applicant.

Smt. R. R. Tandale, APP for the State.

CORAM : SACHIN S. DESHMUKH, J.

DATE : 23rd JANUARY, 2026.

PER COURT :

1.

Applicant has preferred this application seeking regular bail in connection with Crime No. 377/2025 registered with Gondi Police Station, Dist. Jalna, for the offences punishable under sections 55, 61(2) of Bharatiya Nyaya Sanhita, 2023.

2.

On 07.11.2025, informant, who is a Police Sub-inspector, received application from one Gangadhar that a conspiracy is being hatched to commit murder of a socially influencial person. Upon such application, First Information Report came to be lodged against unknown persons.

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Learned Counsel for the Applicant submits that name of the Applicant does not appear in the First Information Report. Applicant is implicated in the crime only on the basis of statement of the coaccused. There are no criminal antecedents against the Applicant. Hence, prayed to enlarge the Applicant on bail. 4.

Per contra, learned APP vehemently opposed the Application by submitting that Applicant is involved in a serious crime. Name of the Applicant appears in the statement given by the co-accused which indicates complicity of the Applicant in the crime. Hence, prayed to reject the application.

5.

Upon considering submissions of both sides, and on perusal of the material on record, including charge-sheet, prima facie it is evident that the First Information Report is registered against unknown persons. Applicant is arraigned as accused in the crime only on the basis of the statement of the co-accused. There are no criminal antecedents against the Applicant.

6.

Nevertheless, investigation in the crime is complete for all intent and purposes. Charge-sheet is also filed. Having regard to the

- 3 - number of witnesses which the prosecution proposes to examine, it is very unlikely that the trial can be commenced and concluded within a reasonable period. As such, further detention of the Applicant as an under trial prisoner, in the circumstances of the case does not seem to be either warranted or justifiable. I am, therefore, persuaded to exercise the discretion in favor of the Applicant. 7.

Hence, the following order :-

ORDER

(i) Application is allowed.

(ii) Applicant Kanchan Alias Kalpesh Shrimant Salve, be released on bail, on furnishing P.R. bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) with one or two local solvent sureties, in the like amount, in connection with Crime No. 377/2025 registered with Gondi Police Station, Dist. Jalna, for the offences punishable under sections 55, 61(2) of Bharatiya Nyaya Sanhita, 2023., on the following conditions :- (a) The Applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.

(b) The Applicant shall attend the trial on each and every date unless exempted by the Trial Court and shall not leave the area of jurisdiction of the concerned Police Station till conclusion of the trial.

- 4 - (c) The Applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers of the Applicant and two of the near relatives.

(d) In case of breach of any of the conditions by the Applicant, it is open for the prosecution to move this Court seeking cancellation of bail.

(iii) Needless to state that, nothing stated hereinabove shall be construed as an expression on merits of the case. Learned Trial court shall proceed independently and uninfluenced by the observations made hereinabove.

(SACHIN S. DESHMUKH, J.) dyb