Manohar Alias Manu Ambadas Gangode v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 635 OF 2025 Manohar alias Manu Ambadas Gangode ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Akshay Bankapur, learned Advocate for the Applicant. Mr. Pandurang H. Gaikwad, learned A.P.P. for the State/Respondent. HC-1912 Mr. Vijay Ramesh Lokhande attached to Vani Police Station, Nashik Rural is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

20th JUNE 2025.

P.C. :

1.

Heard Mr. Akshay Bankapur, learned Advocate for the Applicant and Mr. Pandurang Gaikwad, learned A.P.P. for the State/Respondent.

2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. 467 of 2023 registered with Vani Police Station, Nashik Rural for the offence punishable under Sections 364, 302, 120(B) and 201 read with 34 of the Indian Penal Code Act, 1860 ("IPC" for short), Sections 4 and 25 of the Indian Arms Act and Section 37(1)(3) read with 135 of the Maharashtra Police Act. 3.

Mr. Akshay Bankapur, learned Advocate for the Applicant

submits that the abovesaid crime is registered as Sessions Case No. 77 of 2024, which is pending on the file of Additional Sessions Judge, Nashik.

4.

There are 11 accused in the said crime. Applicant is Accused No. 3.

5.

Mr. Akshay Bankapur, learned Advocate for the Applicant submits that the Applicant seeks bail on the ground of parity. He states that Accused Nos. 2, 4, 5, 6, 8, 10 and 11, involved in the present crime, have been released on bail. Accused Nos. 2, 4, 5, 8 and 10 are released on bail by this Court. Accused No. 11 is released by the learned Trial Court and Accused No. 6 is a Juvenile. He submits that the role assigned to the Applicant in the present crime is similar and identical to the role assigned to other Accused, who are released on bail by this Court as well as by the learned Trial Court.

6.

Mr. Akshay Bankapur, learned Advocate for the Applicant has tendered copies of order dated 27th September 2024 passed in Criminal Bail Application No. 2189 of 2024, order dated 2nd January 2025 passed in Criminal Bail Application No. 4604 of 2024, order dated 15th October 2024 passed in Criminal Bail Application No. 1874 of 2024 and order dated 7th May 2025 passed in Criminal Bail Application No. 1457 of 2025. The same are taken on record and marked as "X Colly." for identification. 7.

Mr. Pandurang Gaikwad, learned A.P.P. for the State/Respondent submits that as per the charge-sheet the role assigned to the Applicant is similar to the role, i.e., assigned to the

Accused, who are released on bail (documents marked as "X Colly.").

8.

I have perused the charge-sheet as well as the orders ("X Colly."), with the assistance of learned Advocates of the parties. 9.

Perusal of the charge-sheet reveals that the Accused, who are similarly placed as the Applicant herein, have been granted bail by this Court as well as by the learned Trial Court. The case in the present crime against the Applicant being similar and identical to the case against the aforesaid Accused, who are released on bail, the Applicant is entitled to bail on the principle of parity. 10.

In view of the above, the present Bail Application is allowed on the following conditions :- a.

Applicant is directed to be released on bail in connection with Crime No. 467 of 2023 registered with Vani Police Station, Nashik Rural for the offence punishable under Sections 364, 302, 120(B) and 201 read with 34 of the IPC, Sections 4 and 25 of the Indian Arms Act and Section 37(1)(3) read with 135 of the Maharashtra Police Act on executing P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty-Five Thousand Only) with one or two sureties in the like amount, to the satisfaction of the Additional Sessions Judge, Nashik.

b.

Applicant shall attend the concerned Police Station on first and sixteenth day of every month between 10.00

a.m. and 11.00 a.m., till conclusion of the trial. c.

Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence.

d.

Liberty is granted to the State to apply for cancellation of bail if the Applicant commits similar offence or breaches any condition for grant of bail.

e.

Applicant shall co-operate in the conduct of the trial and shall regularly attend the hearing of Sessions Case No. 77 of 2024, pending on the file of Additional Sessions Judge, Nashik, on each and every date, unless exemption is granted by the learned Trial Court. 11.

Criminal Bail Application No. 635 of 2025 stands disposed of in the above terms.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.06.21 17:24:19 +0530 GITALAXMI KRISHNA KOTAWADEKAR