Deepak Rajendra Doke v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4526 OF 2025 Deepak Rajendra Doke ... Applicant

Versus

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

2026.03.17 11:59:53 +0530 NILAM SANTOSH KAMBLE Mr.Kuldeep Nikam (Through VC) a/v Mr.Prasad Avahad, for the Applicant.

Mr.S.R. Agarkar, APP for Respondent-State.

Mr.Anand Chavan, PSI, Khadki Police Station, Pune City. ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 13th MARCH 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.252 of 2024 registered with Khadki Police Station, Pune, for the offences punishable under Sections 189(2), 189(4), 191(2), 191(3), 190, 110, 323(4)(5), 333, 305(a), 310 and 311 of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short), Sections 4(25) of the Arms Act, Section 37(1) read with Section 135 of the Maharashtra Police Act and Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 ('MCOCA' for short).

2.

It is prosecution's case that on 17th September 2024, the Applicant and co-accused entered in the house of the First Informant with sharp weapon and wooden stick, destroyed the belongings and articles of the First Informant, and robbed amount of Rs.50,000/- and gold ornaments. It is alleged that the Applicant and co-accused tried to assault the First Informant with an intention to kill her.

3.

It is contention of learned counsel for the Applicant that the coaccused having similar allegations have been released on bail. Hence, the Applicant is entitled for bail on principle of parity. The Applicant is behind bars for more than one year and five months. There is no progress in trial, and requested to allow the Application.

4.

It is contention of learned APP that, the Applicant has four antecedents. It is submitted that the provisions of the MCOCA were applied against the Applicant in one of the previous antecedents. The provisions of MCOCA are now again applied against him in the present crime. If the Applicant released on bail, he may abscond or threaten 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 co-accused and gang leader having similar allegations have

been released on bail. Hence, the Applicant is entitled for bail on principle of parity. The Applicant is behind bars for more than one year and five months. It may take time to conclude the trial. Charge is not framed. 7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.252 of 2024 registered with Khadki 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 Pune District 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.)