47. BA-1886-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1886 OF 2026 Rohit Kamalakar Kamble .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Vipul Dushing a/w Mr. Tanmay Kate & Mr. Prajyot Shinde, Advocates for Applicant  Ms. Sangeeta E. Phad, APP for State ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 28, 2026 P. C. : 1. Heard Mr. Dushing, learned Advocate for Application and Ms. Phad, learned APP for State. 2. This is an Application under Section 439 of Cr.P.C. seeking Bail in connection with C.R. No. 1094/2020 registered with Faraskhana Police Station for the offences punishable under Sections 302, 143, 147, 148, 149, 120-B, 109 and 201 of the Indian Penal Code, 1860 (for short "IPC"); under Section 4(25) of Arms Act; under Section 37(1) read with 135 of Maharashtra Police Act and under Sections 3(1)(i)(ii), 3(2) and 3(4) of MCOC Act. Applicant is arrested on 04.10.2020. 3. Though notice was issued in the month of 29.04.2026, till date affidavit has not been filed. 1 of 4 47. BA-1886-26.odt 4. There are total 12 accused persons in the present crime, six out of which are already enlarged on bail. Role attributed to the Applicant - accused before me is that he was driving a motorcycle along with the other persons to facilitate the commission of the crime, as also the other accused. Other than that there is no incriminating article recovered from the Applicant and his identification is on the basis of the CCTV footage that has been collected by the prosecution. The gang leader in the present crime has already been granted bail on 16.01.2024. Applicant is in incarceration as an undertrial for the past almost six years. 5. The arrest memo prima facie indicates no past criminal record of the Applicant and therefore notwithstanding application of MCOC Act, it enures to the benefit of the Applicant. Even otherwise on the ground of parity, the Applicant is entitled to be released on bail since the other co-accused person - Lakhan Dhavare has been enlarged on bail by order dated 10.04.2026 for his alleged role of facilitating the escape of the assailants from the scene of crime on the motorcycle and dropping off the other accused persons in an identical manner. 6. Needless to state that complicity of the Applicant in the crime shall be proved by the prosecution at the time of trial. All questions to that effect are otherwise kept open. 2 of 4 47. BA-1886-26.odt 7. In view of the above primary observations and findings and more particularly on the ground of long incarceration and the ignominy of the trial not being completed in a near foreseeable future, impels me to allow the present Application. Hence, Applicant is released on bail on the following terms and conditions:- (i) Applicant is directed to be immediately released on bail from prison in connection with C.R. No. 1094/2020; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Faraskhana Police Station, Pune 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 3 of 4 47. BA-1886-26.odt 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. 8. 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. 9. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.28 20:44:21 +0530