39.BA.3664.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3664 OF 2026 Nitin @ Menya Ankush Metkari .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Shailesh Chavan a/w. Mr. Sachin Pawar and Mr. Sagar Kawade, Advocates for Applicant.  Mr. Amit A. Palkar, APP for Respondent. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 28, 2026 P.C. : 1. Heard Mr. Chavan, learned Advocate for Applicant and Mr. Palkar, learned APP for Respondent. 2. This is an Application under Section 439 of Code of Criminal Procedure, 1973 seeking Bail in connection with C.R. No.75 of 2019 registered with Dattawadi Police Station for offences punishable under Sections 302, 307, 324, 201, 120B, 216, 143, 147, 148 and 149 of the Indian Penal Code, 1860; Sections 3, 4 and 25 of the Arms Act, 1959; Sections 37 (1) and 135 of the Maharashtra Police Act, 1951. 3. However Applicant is incarcerated for the past more than 7 years and 2 months in custody. Trial has begun and out of the probable 78 witnesses only 2 witnesses have been examined by the prosecution. 4. In this case, the Applicant has been arraigned as an accused 1 of 3 39.BA.3664.2026.doc in a murder case, alongwith other 20 co-accused persons. Three of the co-accused persons have been granted bail by this court. Applicant is neither the gang leader of the group, his role though prima facie, imminent will undoubtedly be proved by the prosecution at trial. Since the trial has begun any observation on the merits of the matter, , may affect the ongoing trial. Hence, in that view of the matter, on the ground of long incarceration, I am inclined to release the Applicant on bail. 5. Considering the aforesaid, Applicant has is released on bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 75 of 2019; (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 surety / sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday 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 2 of 3 39.BA.3664.2026.doc 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. 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 uninfluenced with any of the prima facie observations made hereinabove in this order. 7. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 3 of 3 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.28 15:23:01 +0530