68. BA 1420-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1420 OF 2026 1. Devidas Govind Nikalje .Applicants 2. Sarthak Baburao Bodke 3. Bagyavant Siddheshwar Kalshetty Vs. The State of Maharashtra & anr. .Respondents Mr. Kuldeep Nikam a/w. Ms. Nishi Singhvi, Advocates, for the Applicants Ms. R. V. Newton, APP, for Respondent No. 1 – State Mr. H. M. Pawar, Advocate, for Respondent No. 2 Mr. Ravikiran Kadam, PSI, Lonikand Police Station, Pune present CORAM : MILIND N. JADHAV, J. DATE : 22.09.2026 P. C. 1. At the outset, Mr. Nikam would submit that the Applicant Nos. 2 & 3 have decided to simplictor withdraw and he has no instructions to appear on their behalf though initially, the Vakalatnama has been filed on behalf of all the Applicants. Hence, the present Application is prosecuted by only by Applicant No.1 - Devidas Govind Nikalje. 2. Heard Mr. Nikam, learned Counsel for the Applicants, Ms. Newton, learned APP for Respondent No. 1 – State and Mr. Pawar, learned Counsel for Respondent No. 2. Anand 1 of 5 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.23 20:07:59 +0530 68. BA 1420-2026.doc 3. This Application is filed under Section 439 of the Criminal Procedure Code, 1973 (for short “CRPC”) in connection with C.R.No. 403 of 2025 registered with Lonikand Police Station, Pune for offences punishable under Sections 109(1), 49, 115(2), 118(1), 118(2), 189(2), 189(4),190 & 191(3) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”). 4. Briefly stated on the date of the incident on 27.10.2025 at 2.00 p. m., the Complainant while proceeding towards the School on his two wheeler was intercepted and assaulted by six unknown persons. Two of them assaulted with weapons, whereas the other four persons inflicted blows with bricks and stones. Admittedly, according to the prosecution case as also as per the statement of the First Informant, Applicant was not present at the site of incident. However, three months prior thereto, the Applicant had a rift with the Complainant and had warned him and therefore, it is the Complainant’s case that there is likelihood that the Applicant may have sent the assailants to assault him. Save and except this, there is nothing incriminating which has even been unearthed in the prosecution case. Learned Counsel for the Applicant would persuade me to consider the order passed by the trial Court rejecting the bail while observing that pursuant to the incident in question, the Applicant was seen loitering around the house Anand 2 of 5 68. BA 1420-2026.doc of the Complainant along with some other persons. Save and except the aforesaid material, there is no other specific role attributable to the Applicant. The Applicant has, therefore, made out a case for grant bail. 5. Hence, in view of above prima facie observations and finding, Bail Application of Applicant No.1 only is allowed subject to the following terms and conditions:- (i) Applicant No. 1 – Devidas Govind Nikalje is directed to be immediately released from prison in connection with CR. No. 403 of 2025; (ii) Applicant No. 1 is directed to be released on bail on furnishing P.R. Bond of Rs.10,000/- (Rs. Ten Thousand only) with one or two sureties of the like amount; (iii) Applicant No.1 shall report to the Investigating Officer at Lonikand Police Station, Pune, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant No. 1 shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant No. 1 Anand 3 of 5 68. BA 1420-2026.doc shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant No.1 shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant No. 1 shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant No.1 shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant No.1. 6. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being Anand 4 of 5 68. BA 1420-2026.doc uninfluenced with any of the prima facie observations made hereinabove in this order. 7. Bail Application is allowed and disposed in the above terms. (MILIND N. JADHAV, J.) Anand 5 of 5