Nagesh Chandappa Fulari v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1316 OF 2026 Nagesh Chandappa Fulari ....Applicant

VERSUS

The State Of Maharashtra ....Respondent ____________________________________________________________ by NILAM SANTOSH KAMBLE Date: 2026.04.23 16:23:37 +0530 NILAM SANTOSH KAMBLE Mr.Chaitanya Purankar i/b Mr.Amit Icham, for the Applicant. Ms.R.D. Humane, APP for Respondent-State.

____________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 22nd APRIL 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.50 of 2022 registered with Bibvewadi Police Station, Pune, for the offences punishable under Sections 302, 201, 504 and 506 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short), Sections 4(25) , 4(27) and 35 of the Arms Act, Section 37(1) read with Section 135 of the Maharashtra Police Act and Section 7 of Criminal Law Amendment Act. 2.

It is prosecution's case that on 18th March 2022, the Applicant and co-accused assaulted the deceased with sickle and murdered him. 3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than four years. The Applicant has no antecedents. There is no progress in trial. The co-accused Om Khatape who

was present at the time of incident has been released on bail by this Court. 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 there are specific allegations against the Applicant that he assaulted the deceased by stabbing him in his stomach with a sickle. If the Applicant released on bail, he may abscond or threaten prosecution witnesses, and requested to reject the Application. 5.

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

6.

The Applicant is behind bars for more than four years. The Applicant has no antecedents. The co-accused who was present at the time of the incident has been released on bail. There is no progress in trial. It may take time to conclude the trial.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant be released on bail Crime No.50 of 2022 registered with Bibvewadi 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 enter in the jurisdiction of Bibvewadi Police station till recording of evidence of prosecution witnesses, except attending Court dates. (iii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

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

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

(vi) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)