39. BA-4781-25.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4781 OF 2025 Shahrukh Yunus Khan .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Vipul Dushing a/w Mr. Ashraf Kazi i/by Mr. Mahesh Sakhare, Advocates for Applicant  Mr. Amit Munde, APP for State  Ms. Nilam Jadhav, PSI, Wakad Police Station ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 1, 2026 P. C. : 1. Heard Mr. Dushing, learned Advocate for Applicant and Mr. Munde, learned APP for State. 2. This is an Application under Section 439 of the Code of Criminal Procedure, 1973 seeking Bail in connection with C.R. No. 252 of 2024 registered with Wakad Police Station, Pimpri-Chinchwad, Pune for the offences punishable under Sections 302, 307, 279, 338, 427 and 120(b) of the Indian Penal Code, 1860 (for short "IPC"); Sections 184, 119, 177, 132(1)(c) of the Motor Vehicles Act; Section 142 of the Maharashtra Police Act and Section 3(1)(i)(ii), 3(2), 3(4) of MCOC. 3. Mr. Dushing in his usual fair mindedness at the outset would submit that in the present case Applicant has no nexus whatsoever 1 of 5 39. BA-4781-25.odt with the offence. He would submit that on the basis of the statements of witnesses and more specifically in view of the previous antecedents of the Applicant, Applicant has been framed and indicted in the present case. Be that as it may, insofar as the case of the prosecution qua the Applicant is concerned and his complicity in the crime, the same will be proved at the time of the trial. Today at the prima facie state, the material presented by the prosecution needs to be examined for grant of bail. 4. Placed before me is the evidence rather prima facie evidence which is in the form of statement of one witness called Mr. Phadtare. The said statement is dated 20.03.2024 (appended at page No. 162 of the Application). Prima facie reading of the said statement shows that he has named the Applicant being one of the conspirator by virtue of he having overheard certain conversation in a public place in which Applicant's name was mentioned, inter alia, relating to knocking down of the victim in the present case by causing the accident by tempo. Needless to state that the tempo was driven by other co-accused who was its driver and owner viz; Rohit Gaikwad. 5. My attention is drawn and fairly so by Mr. Munde in his usual fair mindedness to the 164 statement of the said witness which is recorded on 31.07.2024 three months later (appended at page No. 469 of Application). It is prima facie seen from the said statement that 2 of 5 39. BA-4781-25.odt it is devoid of the name, role or the conspiracy qua the present Applicant in question altogether. In this statement, the witness prima facie states that on being called by the prosecution with regard to the accident in question, he has informed the prosecution about the vehicle i.e. tempo having been driven by Rohit Gaikwad and he having heard about the knocking down of the victim who was initially injured but thereafter succumbed to his injury. The above dichotomy in the aforesaid two statements on which the prosecution is relying upon is prima facie evident. In that view of the matter, without going into the merits of the matter with regard to applicability of MCOCA to the Applicant's case, insofar as the present crime is concerned, the nexus of the Applicant has not been prima facie proven / established. 6. In view of the above and since the Applicant is incarcerated for two years and one month, I am inclined to release the Applicant on bail. Bail Application is allowed on following grounds:- (i) Applicant is directed to be immediately released from prison in connection with C.R. No. 252 of 2024; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at 3 of 5 39. BA-4781-25.odt Wakad Police Station, once every month on the first Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 7. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 4 of 5 39. BA-4781-25.odt 8. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 5 of 5 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.01 20:21:12 +0530