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Bombay High CourtBA/3312/2025allowed

Rakesh Chiman Parmar And ANR v. State Of Maharashtra

2025-10-08Hon'Ble Justice Dr. Neela Kedar Gokhale4 pages

Ajit Pathrikar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3312 OF 2025

1. Rakesh Chiman Parmar

2. Prakash Ram Mandal ...Applicants

Versus

State Of Maharashtra

...Respondent

Mr. Abhilash Kurey a/w Snehal Kolamkar, Tejashree Kolamkar, Vishal Padvi, Shaheen Siddiqui, Mohnish Kolamkar i/b Legal Legacy, for the Applicant.

Ms. Anamika Malhotra, APP for the State-Respondent. Mr. V. J. Bhosale, API, Chitalsar Police Station, is present.

CORAM

Dr. Neela Gokhale, J.

DATED:

PC:- 1.

The Applicants seek their release on bail in connection with C.R. No. 17 of 2021 registered with Dongri Police Station for the offences punishable under Section 302, 143, 144, 147 and 149 of the Indian Penal Code, 1860 ('IPC'). 2.

There are in all six accused. At the very outset, Mr. Abhilash Kurey, learned Counsel for the Applicants, has brought to my notice the orders passed by this Court,

enlarging accused Nos. 1 and 3 on bail. He submits that even accused No.5 is released on bail although he has not annexed the order pertaining to his bail to the present application. 3.

Ms. Anamika Malhotra, learned APP for the State, does not dispute that accused Nos. 1, 3 and 5 are already enlarged on bail. I have gone through the bail orders on record pertaining to the said accused. From the perusal of the order dated 19th June 2025 passed by this Court in the bail application filed by Rahul Ravat i.e. accused No.3, it is seen that the role attributed to the Rahul Ravat is similar to that of the present Applicants.

4.

Hence, on the principle of parity, I am inclined to grant bail to the Applicants. In case, the Applicants is arrested in the year 2021 and till date, the trial is not concluded. In fact, Mr. Kurey submits that the trial has not even commenced although the charges are framed. In these circumstances, even on the ground of long incarceration, I am inclined to grant bail on the following conditions:

ORDER

i) The Applicants be enlarged on bail, on executing PR Bond in the sum of Rs.10,000/- each with one or two local sureties in the like amount;

ii) The Applicants shall attend the Trial Court concerned on each and every date as directed, till the conclusion of the trial, save and except if the Applicants are exempted from appearance by orders of the Trial Court.

iii) If the Applicants have not deposited their passport, the Applicants shall deposit the same with the concerned Police Station, if any;

iv) The Applicants shall not leave India, without permission of the trial Court;

v) The Applicants shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

vi) The Applicants shall inform their latest place of residence and mobile contact number immediately after being

released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; vii) The Applicants to co-operate with the conduct of the trial;

viii) Any infraction of the aforesaid conditions shall entail cancellation of bail.

5.

Application is allowed in the above terms and is accordingly disposed of.

6.

It is made clear that the observations made herein are prima facie and are confined to this Application and the Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein.

(Dr. Neela Gokhale, J)