Omkar Devidas Bhadalkar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 468 OF 2026 Omkar Devidas Bhadalkar ....Applicant

VERSUS

State Of Maharashtra ....Respondent WITH INTERIM APPLICATION NO. 899 OF 2026 by NILAM SANTOSH KAMBLE Date:

2026.04.24 10:07:14 +0530 NILAM SANTOSH KAMBLE IN CRIMINAL BAIL APPLICATION NO. 468 OF 2026 Sujata Sandip Wagaskar

VERSUS

State Of Maharashtra ____________________________________________________________ Mr.Shailesh Kharat, for the Applicant.

Ms.R.D. Humane, APP for Respondent-State.

Mr.Viral babar a/w Mr.Yasir Khan, Mr.Paras Yadav and Mr.Dhanvan Shah, for the Intervenor.

Mr.Nilesh Ghorpade, API, Lonikand Police Station, Pune City. ____________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 22nd APRIL 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.545 of 2021 registered with Lonikand Police Station, Pune, for the offences punishable under Sections 302, 307, 120B read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short), Sections 4(25) of the Arms Act and Section 37(1) read with Section 135 of the Maharashtra Police Act.

2.

It is prosecution's case that on 21st October 2021 the Applicant and co-accused murdered the friend of First Informant on the ground of land dispute. 3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than four year and five months. The co-accused having similar allegations 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 along with learned counsel for Respondent No.2 that the trial has commenced. The prosecution has examined witnesses. The principle of parity will not be applicable to the Applicant. The Applicant has three antecedents. 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 all learned counsel. Perused charge-sheet and documents produced on record.

6.

The co-accused Gajanan Lahu Jadhav having similar allegations has been released on bail. Hence, the Applicant is entitled for bail on principle of parity and I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.545 of 2021 registered with Lonikand 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 tamper with the evidence and/or influence the prosecution witnesses.

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

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

(v) Application is allowed in the aforesaid terms. (vi) All pending Applications are disposed of.

(SHIVKUMAR DIGE, J.)