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Bombay High CourtBA/737/2026disposed off

Omkar Sunil Ingawale v. State Of Maharashtra

2026-04-17Hon'Ble Shri Justice Shivkumar Dige5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 500 OF 2026 Rohan Rushikesh Gaikwad ....Applicant

VERSUS

State Of Maharashtra ....Respondent by NILAM SANTOSH KAMBLE Date:

2026.04.20 11:38:58 +0530 NILAM SANTOSH KAMBLE WITH CRIMINAL BAIL APPLICATION NO. 737 OF 2026 Omkar Sunil Ingawale ....Applicant

VERSUS

State Of Maharashtra ....Respondent ____________________________________________________________ Mr.Kishan Chaudhari a/w Mr.Sharad Bhoite i/b Mr.Vishal Kolekar, for the Applicant in BA No.500 of 2026.

Mr.Satyavrat Joshi a/w Mr.Ishan Paradkar, for the Applicant in BA No.737 of 2026.

Ms.Gauri Rao, APP for Respondent-State in BA No.500 of 2026. Mr.S.M. Mangaonkar, APP for Respondent-State in BA No.737 of 2026. ____________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 17th APRIL 2026 P.C. :

.

These two Applications are arising out of the same crime hence I am deciding these two Applications by this common order. 2.

By these Applications, the Applicants are seeking regular bail in Crime No.20 of 2022 registered with Lonikand Police Station, Pune, for the offences punishable under Sections 302, 307, 341, 143, 147, 148, 149,

427, 120(B) and 201 of the Indian Penal Code, 1860 ('IPC' for short), Sections 3(24) and 4(25) of the Arms Act, Sections 3 and 7 of Criminal Law Amendment Act, Sections 37(1), 37(3) read with Section 135 of the Maharashtra Police Act and Sections 3(1)(i), 3(2), 3(3) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 ('MCOCA' for short). 3.

It is prosecution's case that on 12th January 2022, when First Informant, her father-in-law and her brother-in-law were going to Court, the Applicant and co-accused intercepted their car and assaulted father-in-law and brother-in-law of the First Informant with sickle and thereby murdered them. It is alleged that First Informant and other occupants of the car were also assaulted with an intention to kill them. 4.

It is contention of learned counsel for the Applicant that names of the Applicants are not mentioned in the FIR. The co-accused, having similar allegations, have been released on bail. In the statement of eye witnesses, no specific role is attributed to the Applicants. The Applicants are behind bars for more than four years. There is no progress in the trial and requested to allow the Application.

5.

It is contention of learned APP along with learned counsel for the Respondent No.2 that the Applicants and co-accused brutally assaulted the deceased with sickle, baseball bat and sharp weapon. The weapons used

in the crime are recovered at the instance of the Applicants. The Applicants were present at the spot of incident. If Applicants are released on bail, they may abscond or threaten prosecution witnesses and requested to reject the Application's.

6.

I have heard all learned counsel. Perused charge-sheet and documents produced on record.

7.

The co-accused having similar allegations have been released on bail. The Applicants are behind bars for more than four years. There is no progress in trial.

8.

Considering these facts, the Applicants are entitled for bail on principle of parity and I pass following order.

ORDER

(i) The Applicant-Rohan Rushikesh Gaikwad be released on bail in Crime No.20 of 2022 registered with Lonikand Police Station, Pune, for the offences punishable under Sections 302, 307, 341, 143, 147, 148, 149, 427, 120-B and 201 of the Indian Penal Code, Section 3(1)(i), 3(2), 3(3) and 3(4) of the Maharashtra Control of Organized Crime Act, Sections 3 and 4 read with 25 of the Arms Act and Section 37(1)(3) read with 135 of the Maharashtra Police Act on furnishing P.R. Bond in

the sum of Rs.25,000/- with one or two sureties in the like amount.

(ii) The Applicant-Omkar Sunil Ingawale be released on bail in Crime No.20 of 2022 registered with Lonikand Police Station, Pune, for the offences punishable under Sections 302, 307, 341, 143, 147, 148, 149, 427, 120-B and 201 of the Indian Penal Code, Section 3(1)(i), 3(2), 3(3) and 3(4) of the Maharashtra Control of Organized Crime Act, Sections 3 and 4 read with 25 of the Arms Act and Section 37(1)(3) read with 135 of the Maharashtra Police Act on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The Applicants shall not enter into the limits of District Pune, except to attend the dates before the Trial Court till Conclusion of the trial.

(iv) The Applicants shall furnish their residential address and the contact number, if any, to the Lonikand Police Station. (v) The Applicants shall not tamper with the prosecution evidence.

(vi) The Applicants shall not commit any other crime.

(vii) Liberty is granted to the State to file an Application for cancellation of bail, if the Applicant commits breach of any of the above conditions.

(viii) Applications are allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)