Abdul Gaffar Kurban Khan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2040 OF 2025 Abdul Gaffar Kurban Khan ... Applicant

Versus

The State of Maharashtra ... Respondent _________________________________________________________________ Mr.Satish Muley a/w. Mr. Mosin Naik, Advocates for the Applicant. Smt. Ranjana D. Humane, APP for the Respondent-State. D.M.Lokhande, Yeola City Police Station, Nashik Rural present. _________________________________________________________________ by SONALI SATISH KILAJE Date:

2026.02.02 10:22:39 +0700 SONALI SATISH KILAJE

CORAM

: SHIVKUMAR DIGE, J.

DATE : 28th JANUARY, 2026.

P.C. :

1.

By this application, the Applicant is seeking regular bail in C.R.No. 198 of 2022 registered with Yeola City Police Station, Nashik, for the offences punishable under Sections 302, 307, 120(b), 212, 201 r/w. 34 of Indian Penal Code, 1860 (for short "IPC") and Section 3, 5, 25 and 27 of Arms Act.

2.

It is prosecution's case that on 05.07.2022, the applicant and co-accused murdered the deceased by shooting him from pistol and fired at his brother with intention to kill them.

3.

It is contention of learned counsel for the applicant that applicant is behind bars for more than three years. There is no progress in the trial. The allegations against the applicant are of conspiracy. He has

no antecedents. The co-accused having similar allegations have been released on bail. Hence applicant is entitled for bail on the principle of parity and requested to allow the application. 4.

It is contention of learned APP that the applicant conspired to kill the deceased with co-accused. If the applicant is released on bail, he may abscond or threaten prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both the learned counsel. Perused chargesheet and documents produced on record. The allegations against the applicant are of conspiracy. To prove conspiracy evidence is required. The applicant has no antecedents. The co-accused having similar allegations have been released on bail. Hence, applicant is entitled for bail on the principle of parity. In view of above, I pass following order.

ORDER

i.

The applicant be enlarged on bail in C.R.No. 198 of 2022 registered with Yeola City Police Station, Nashhik, on executing P.R.Bond of Rs. 30,000/- on furnishing one or two sureties in the like amount. ii.

The applicant shall attend the concerned police station as and when required.

iii.

The applicant shall not tamper with the evidence or

attempt to influence or contact the complainant, witnesses or any person concerned with the case. 6.

The application is allowed in the aforesaid terms and is accordingly disposed of. All pending applications, if any, disposed of. 7.

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.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)