Bhole Vishwanath Upadhyay v. State Of Maharashtra

Ajit Pathrikar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2643 OF 2025 IN BAIL APPLICATION NO. 863 OF 2024 Bhole Vishwanath Upadhyay ...Applicant

Versus

State Of Maharashtra

...Respondent

Mr. Siddharth Desai a/w Rishabh Yadav, for the Applicant. Ms. Anamika Malhotra, APP for the State-Respondent.

CORAM

DR. NEELA GOKHALE, J.

DATED:

19th DECEMBER 2025 PC:- 1.

This is letter sent by Applicant through jail. By order dated 2nd April 2025, the Applicant was released on bail on certain conditions. By the said order, the Applicant was directed to be released on bail on furnishing a PR bond in the sum of Rs.15,000/- with one or two sureties in the like amount and he was also permitted to furnish provisional cash bail of Rs.15,000/- for his immediate release, subject to filing

an undertaking that he will provide the said sureties in the like amount within a period of four weeks after his release. 2.

Mr. Siddharth Desai, learned Counsel for the Applicant, submits that the Applicant, in his letter sent through jail, has pleaded that, being a poor person, he is not able to raise the amount of Rs.15,000/- and he is only in a position to furnish the necessary PR bond and surety in the amount of Rs.5,000/- only.

3.

I have gone through the letter sent by the Applicant through jail. Furthermore, although the order was passed on 2nd April 2025, till date the Applicant has not been able to comply with the Condition and hence, he is still constrained to remain in jail.

4.

Considering the economic status of the Applicant, I am inclined to permit the Applicant to furnish PR bond in the sum of Rs. 5,000/- with one or two sureties of the like amount and in the meantime, furnish provisional cash bail of Rs.5,000/-

for his release immediately, subject to filing an undertaking that he will provide the sureties of the like amount within a period of eight weeks from his release. The same be accepted by the Trial Court.

5.

It is ordered accordingly.

6.

The Interim Application is allowed and is accordingly disposed of.

(Dr. Neela Gokhale, J)