Ganesh Nilkanth Koli v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 BAIL APPLICATION NO. 536 OF 2026 GANESH NILKANTH KOLI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Ms. Agrawal Rani Kailas. APP for Respondent/s-State : Mr. S. V. Hange. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 17.04.2026 PER COURT :- 1.

Heard both sides.

2.

The applicant is seeking bail in respect of offence bearing Crime No.134 of 2023, registered with Dondaicha Police Station, District Dhule, punishable under Sections 302, 120-B, 379 of IPC. He is arrested on 09.05.2023. Charge-sheet is filed on 09.08.2023. His earlier bail application was permitted to be withdrawn vide order dated 11.01.2024 by High Court.

3.

In the above backdrop, it is submitted that there is no evidence against the applicant. The account of eye witnesses is insufficient. Applicant is entitled to be released on bail on the ground of parity. There is no substantive progress in the trial

and only two witnesses are examined. There was no motive and applicant is falsely implicated in the offence. 4.

Learned APP raises a preliminary objection for entertaining the application being successive one and there is no change in circumstances. On merits of the matter on earlier occasion, this Court decline to grant bail. There is clinching material secured during the course of investigation. The role attributed to the co-accused who are released on bail is different than the role of the present applicant. 5.

Applicant is the main culprit who committed murder. This is successive bail application. Earlier Bail Application No.2141 of 2023 was permitted to be withdrawn vide order dated 11.01.2024. Learned counsel for the applicant is unable to point out any change in circumstance. The enlargement on bail of Anand was on 30.11.2023 prior to the order passed by this Court. The trial has already been commenced and two witnesses have been examined.

6.

Prima facie there is clinching material against the applicant. Eye witness is consistent with the prosecution theory. There is corroboration by other material collected during the course of investigation. The main role for

committing murder is attributable to the applicant. No case is made out either to entertain the application or to grant bail. 7.

Bail application is rejected.

(SHAILESH P. BRAHME, J.) ...

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