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Bombay High CourtBA/4104/2025disposed off

Gaurav Keshav Ingole v. State Of Maharashtra

2026-03-26Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4104 OF 2025 Gaurav Keshav Ingole ... Applicant

Versus

The State of Maharashtra ... Respondent by NILAM SANTOSH KAMBLE Date: 2026.03.30 14:51:03 +0530 ____________________________________________________________ NILAM SANTOSH KAMBLE Mr.Chaitanya Mulawkar a/w Mr.Nilesh Waghmode and Mr.Harish Garde, for the Applicant.

Mr.B.B. Kulkarni, APP for Respondent-State.

Mr.A.C. Rajput, PSI, Pimpri Police Station, Pune. ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 26th MARCH 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.485 of 2023 registered with Pimpri Police Station, Pune, for the offences punishable under Sections 307, 395, 397, 201, 120(B), 506 and 427 of the Indian Penal Code, 1860 ('IPC' for short), Sections 4(27) of the Arms Act, Section 37(1)(3) read with Section 135 of the Maharashtra Police Act, Section 7 of the Criminal Law Amendment Act and Sections 3(1)(ii), and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 ('MCOCA Act' for short).

2.

It is prosecution's case that on 29th April 2023, the Applicant and co-accused entered in the medical shop where the First Informant was working. They assaulted the First Informant with an intention to kill him and damaged shop on the ground that the First Informant had demanded money of cold drink and water bottles.

3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than two years and ten months. The Applicant has no antecedents with gang leader. The name of the Applicant is not mentioned in the FIR. Yet charge has not been framed. The coaccused having similar allegations has been released on bail, and requested to allow the Application.

4.

It is contention of learned APP that, the provisions of the MCOCA are applied against the Applicant. The Applicant was seen in the CCTV footage, assaulting First Informant. The learned APP further submitted that there is confessional statement of the co-accused stating the role of the Applicant. 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 two years and ten months, yet charge has not been framed. The Applicant has no antecedents with gang leader. Considering these facts as well as it may take time to conclude the trial and I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.485 of 2023 registered with Pimpri 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 enter in the jurisdiction of Pimpri Police station till recording of evidence of First Informant, except attending Court dates.

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

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

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

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