← Library
Bombay High CourtBA/3709/2025disposed off

Akshay Balu Ghayal v. State Of Maharashtra

2026-02-03Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3709 OF 2025 Akshay Balu Ghayal Applicant versus The State of Maharashtra Respondent _________________________________________________________________ Ms. Pooja Agarwal, Advocate for the Applicant (through VC). Mr. Prashant P. Jadhav, APP for Respondent-State. API-Prashant A. A. , Lonavala Gramin Police Station, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 3rd FEBRUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 310 of 2024 registered with Lonavala Gramin Police Station, District Pune, for the offences punishable under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

It is prosecution's case that on 31st October 2024, the applicant and co-accused assaulted the nephew of the first informant and murdered him.

3.

It is contention of learned counsel for the applicant that the applicant is behind bars for more than one year. The prosecution's case is Digitally signed by SHUBHADA SHANKAR KADAM Date:

2026.02.05 11:04:52 +0530 based on circumstantial evidence. The co-accused, against whom similar SHUBHADA SHANKAR KADAM allegations are made, has been released on bail. Hence, the applicant is

entitled to bail on the principle of parity and requested to allow the application.

4.

I have heard both learned counsel, perused the charge-sheet and documents produced on record. The applicant is behind bars for more than one year. The prosecution's case is based on circumstantial evidence. The co-accused, against whom similar allegations are made, has been released on bail. Hence, the applicant is entitled to bail on the principle of parity and I pass following order :

ORDER

(i) The applicant be enlarged on bail in Crime No. 310 of 2024 registered with Lonavala Gramin Police Station, District Pune, on executing P.R.Bond in the sum of Rs.30,000/- with 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 enter in Vadgaon Maval Taluka till the conclusion of trial except for attending the Court dates. The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

The application is allowed in the aforesaid terms and is accordingly disposed of.

6.

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.

7.

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