15.BA.3630.2026.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.3630 OF 2026 Parmeshwar Alias Pamya @ Pramod Balu Gaikwad .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Kuldeep U. Nikam, Advocates for Applicant.  Mr. Amit Mundhe, APP for Respondent – State. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 28, 2026 P.C. : 1. Heard Mr. Nikam, learned Advocate for Applicant and Mr. Mundhe, learned APP for Respondent – State. With their able assistance perused the record of the present case. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.49 of 2026 registered with Uttamnagar Police Station for offences punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. 3. The incident in question led to death of the victim when he consumed a poisonous concoction. The First Informant is wife of the deceased – victim. The First Information Report prima facie notes that 1 of 5 15.BA.3630.2026.doc Informant was fully aware about the relationship between her husband and Accused No.2 who is a woman. There are two Accused persons in present crime. Accused Nos.1 and 2 were already having relationship with each other. This came to the knowledge of the deceased-victim after which he and Accused No.1 used to repeatedly talk to each other. The entire transcript of that talk prior to the incident in question has been procured by prosecution and appended from page No.35 onwards. I have perused the same. 4. Prima facie, there is nothing objectionable in the said transcripts to show any act or conduct on the part of the Applicant before me to have driven the deceased victim to commit the ultimate act in question. The fact that the deceased – victim and Accused No.2 were in relationship was known to one and all. 5. Independent witness statement of cousin sister of the deceased – victim appended at page No.125 of the Application prima facie confirms this fact and also throws light on a further fact that Applicant before me was also a person known to everybody since he had aided and assisted her in resolving some family issue relating to health as stated therein. Additional Sections under the Black Magic Act have been added subsequently. Though Mr. Mundhe has vehemently made an attempt to argue that the Applicant had practiced black magic in some form and had driven the deceased – victim to 2 of 5 15.BA.3630.2026.doc commit the ultimate act and take his own life, there is no prima facie direct material which would inspire confidence of the Court at the threshold at the bail stage. 6. Needless to state that complicity of Applicant shall be proved in trial by the prosecution at Trial. The witness statements which are placed on record also do not directly indict the Applicant to have committed any plausible act since it is clearly evident from the material placed on record that both Applicant as well as deceased – victim who were having relationship with Accused No.2 in the present crime were on talking terms and there is nothing overt or incriminating material to show that Applicant had abetted the act in question. Further the fact that Applicant is incarcerated for only 4 months can never be a fact for denying bail to the Applicant. Bail matters are decided on the basis of merits of each case before this Court and not on the basis of length of incarceration qua the crime in question which shall be noted by prosecution before making such submission. 7. Considering the aforesaid, Applicant is granted bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 49 of 2026; (ii) Applicant is directed to be released on bail on 3 of 5 15.BA.3630.2026.doc furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five 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 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 4 of 5 15.BA.3630.2026.doc cancellation of bail granted to the Applicant. 8. 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. 9. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 5 of 5 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.28 19:20:19 +0530