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Bombay High CourtBA/4664/2025disposed off

Priyal @ Bunty Gagaram Kharmale v. The State Of Maharashtra

2026-01-28Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4664 OF 2025 Priyal @ Bunty Gagaram Kharmale ... Applicant

Versus

The State of Maharashtra ... Respondent _________________________________________________________________ Mr. Satyavrat Joshi a/w. Mr. Nitin Rai i/b. Mr. Ishan Paradkar, Advocates for the Applicant.

Smt. Ranjana D. Humane, APP for the Respondent-State. _________________________________________________________________ by SONALI SATISH KILAJE Date:

2026.01.31 17:04:49 +0700 SONALI SATISH KILAJE

CORAM

: SHIVKUMAR DIGE, J.

DATE : 28th JANUARY, 2026.

P.C. :

1.

By this application, the Applicant is seeking regular bail in C.R.No. 208 of 2023 registered with Narayangaon Police Station, Pune, for the offences punishable under Sections 302 and 120-B r/w 34 of Indian Penal Code, 1860 (for short "IPC").

2.

It is prosecution's case that the applicant and co-accused murdered the husband of the accused No.3 on the ground that the applicant and accused No.3 had illicit relations and the deceased was becoming hurdle in their relationship.

3.

It is contention of learned counsel for the applicant that the applicant is behind bars for more than two years and eight months. Yet, charge has not been framed. The applicant has no antecedents. The co-

accused against whom similar allegations are made, have been released on bail. Hence, the applicant is entitled for bail on principle of parity, and requested to allow the application.

4.

It is contention of learned APP that the applicant is the main culprit. He had illicit relationship with the accused No.3, wife of the deceased. She had given contact of killing of the deceased to the applicant. Accordingly, the applicant murdered the deceased with the help of accused No.2. The applicant and deceased was last seen in the CCTV footage. It shows involvement of the applicant in the 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 the learned counsel. Perused chargesheet and documents produced on record. It appears from the record that the deceased was last seen with the applicant and the accused No.2. The accused No.2 has been released on bail. The co-accused, having similar allegations, has been released on bail. Considering this fact, the applicant is entitled for bail on the principle of parity and I pass following order:

ORDER

i.

The applicant be enlarged on bail in C.R.No. 208 of 2023 registered with Narayangaon Police Station, Pune, on executing P.R.Bond of Rs. 30,000/- on

furnishing 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 tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. 6.

The application is allowed in the aforesaid terms and is accordingly disposed of. All pending applications, if any, disposed of. 7.

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.

8.

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