8. BA 3620-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3620 OF 2026 Tohid Samir Shaikh .Applicant Vs. The State of Maharashtra .Respondent Mr. Kuldeep Nikam, Advocate, for the Applicant Ms. Anuja S. Totad, APP, for the Respondent – State Ms. Rupali Jadhav, PSI, Kondhwa Police Station, Pune City present CORAM : MILIND N. JADHAV, J. DATE : 28.09.2026 P. C. 1. Heard Mr. Nikam, learned Counsel for the Applicant and Ms. Gotad, learned APP for the Respondent – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No.1258 of 2024 registered with Kondhwa Police Station, Pune for offences punishable under Sections 302, 364, 323 and 34 of the Indian Penal Code, 1860, under Section 4(25) of the Arms Act and under Section 37(1)(3) r/w. 135 of the Maharashtra Police Act. 3. The Applicant before me is arraigned as Accused No. 1. The other two Accused persons are minor. The case of prosecution is of three persons having assaulted the deceased victim with a sharp Anand 1 of 4 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.29 11:31:29 +0530 8. BA 3620-2026.doc weapon. There is a clear dichotomy with regard to identification of the three assailants by the two witnesses. However, it is prima facie seen that the contents of the FIR which is lodged by Mr. Akash Jadhav, brother of the Victim is on the basis of the version narrated to him by two specific witnesses, who are named therein and the same is prima facie contrary to his own version which is recorded subsequently on the following day and copy of which is appended at page No. 63. The prosecution has not recorded the statements of the two persons Farhan Javed and Imran Ayub Momin, who have narrated the version to the Complainant during investigation. The Applicant is incarcerated for the last three years and ten months. Though there is disagreement between the Advocate for the Applicant and the learned Prosecutor that the trial has progressed, however, in view of the prima facie material placed on record and the long incarceration of the Applicant, I am inclined to accept his case for grant of bail and release him on bail. Needless to state that his complicity shall be proved at the trial by the prosecution in accordance with law. 4. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Tohid Samir Shaikh is directed to be Anand 2 of 4 8. BA 3620-2026.doc immediately released from prison in connection with CR. No.1258 of 2024; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one surety of the like amount; (iii) Applicant shall report to the Investigating Officer at Kondhwa 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 shall co-operate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (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 Anand 3 of 4 8. BA 3620-2026.doc 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. 5. 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. 6. Bail Application is allowed and disposed in the above terms. (MILIND N. JADHAV, J.) Anand 4 of 4