Yogesh Dattu Gaikwad v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2518 OF 2025 Yogesh Dattu Gaikwad ... Applicant

Versus

The State of Maharashtra ... Respondent ____________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.02.27 18:57:02 +0530 NILAM SANTOSH KAMBLE Mr.Chaitanya Mulawkar a/w Mr.Nilesh Waghmode, for the Applicant. Mr.B.B. Kulkarni, APP for Respondent-State.

Mr.Amol Bhuwad, PSI, Bibvevadi Police Station. ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 26th FEBRUARY 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No. 134 of 2021 registered with Bibwewadi Police Station, Pune, for the offences punishable under Sections 406, 420, 419, 170, 179, 140, 468, 471, 376, 376(2)(n) and 354 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short).

2.

It is prosecution's case that the Applicant married with the First Informant stating that he was serving in Indian Army. After marriage, First Informant came to know that the Applicant cheated her and he does not work in Army. It is alleged that the Applicant took the amount's from

various people stating that he will gave them job in Indian Army and issued forged and fabricated appointment letters.

3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than four years and eight months, though charge is framed in December-2023. There is no progress in trial. The Applicant has undergone around half of the sentence. It may take time to conclude the trial, and requested to allow the Application. 4.

It is contention of learned APP that, the Applicant sexually assaulted First Informant stating that he is Army man, but he never worked in army. The learned APP further submitted that the Applicant issued false and fabricated appointment letters to the witnesses and obtained amount from them. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Application.

5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

The Applicant is behind bars for more than four years and eight months, though charge is framed in the year December-2023. There is no progress in trial. The Applicant has no antecedents. It may take time to conclude the trial and considering the long incarceration of the Applicant

and as there is no progress in trial and I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No. 134 of 2021 registered with Bibwewadi Police Station, Pune,, on furnishing PR bond of Rs.25,000/-with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)