Naresh Ganesh Dalvi v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3845 OF 2025 Naresh Ganesh Dalvi ... Applicant

Versus

State of Maharashtra ... Respondent by NILAM SANTOSH KAMBLE Date: 2026.01.16 15:35:03 +0530 NILAM SANTOSH KAMBLE ________________________________________________________ Mr.Satyavrat Joshi a/w Mr.Ishan Paradkar, for the Applicant. Mr.M.G. Patil, APP for Respondent-State.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 13th JANUARY, 2026 P.C. :

.

By this Application, Applicant is seeking regular bail in Crime No.130 of 2025 registered with Deccan Police Station, Pune, for the offences punishable under Sections 302, 120B read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short), Section 4(25) of the Arms Act, Section 37(1) read with Section 135 of the Maharashtra Police Act and Sections 128, 129, 119/117 of the Motor Vehicle Act ('M.V. Act' for short.) 2.

It is prosecution's case that in between 25th September 2022 at about 7.00 p.m. to 26th September 2022 at about around 2.00 p.m., the

Applicant and co-accused assaulted son of the First Informant with sharp weapon and murdered him. Initially, offence was registered against the unknown person. During investigation police have arrested the Applicant and co-accused in connection with the present crime. 3.

It is contention of learned counsel for the Applicant that, the evidence against the Applicant is that, he was last seen with the deceased along with two co-accused. The other co-accused have been released on bail. The weapon is recovered at the instance of the other co-accused. The Applicant is behind bar for more than three years. There is no progress in trial, and requested to allow the Application. 4.

It is contention of learned APP that, the Applicant had motive to kill the deceased as the deceased was son of the maternal uncle of the Applicant and property dispute was going on between them. The sickle and motorcycle used in the crime are recovered at the instance of the Applicant. If Applicant released on bail, he may abscond or threaten prosecution witnesses and first informant, and requested to reject the Application. 5.

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

6.

The two co-accused who were last seen with the deceased out of which one co-accused has been released on bail by this Court and other has

been released by learned Sessions Court. The Allegations against the Applicant and co-accused are same. Considering these facts, the Applicant is entitled for bail on principle of parity and I pass following order.

ORDER

(i) The Applicant-Naresh Ganesh Dalvi be released on bail in Crime No.130 of 2025 registered with Deccan 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) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)