46. BA-1461-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1461 OF 2026 Pappu @ Shafiul Ahamad Aaynaal Miya .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Tanveer Aziz Patel, Advocate for Applicant  Ms. Anuja S. Gotad, APP for State  Mr. Pradnesh Kothekar, PN 2044, Navi Mumbai ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 28, 2026 P. C. : 1. Heard Mr. Patel, learned Advocate for Applicant and Ms. Gotad, learned APP for State. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with Crime No. 290 of 2022 registered with Khandeshwar Police Station for the offences punishable under Sections 302 and 34 of the Indian Penal Code, 1860 (for short "IPC".). 3. There are four accused persons in the present crime. Accused Nos. 3 and 4 have already been enlarged on bail. The role of the present applicant arrayed as accused No. 1 is on the basis of circumstantial evidence. The theory and angle of infidelity is the reason and the motive for the present crime. The same undoubtedly 1 of 4 46. BA-1461-26.odt will have to be proved by the prosecution at trial. There is no progress in the trial since only one witness has been examined out of the proposed 46 witnesses and the Applicant is already incarcerated for more than 4 years in custody. 4. Learned APP would persuade me to consider the witness statements appended at page 140 onwards. She has also taken me through the witness statements and would contend that it is the deceased victim who had, in fact, named the present accused person. I have read the said statement. It is prima facie seen that after being injured, the victim had requested the said persons to take him to the hospital and thereafter lost consciousness altogether. However, by taking the said person to the hospital, the said witnesses learnet from another witness called Asmira Khatun, about the Applicant having been involved in the crime along with three other accused persons. 5. Considering the grounds of parity as also long incarceration and the ignominy of the trial not being completed in the near foreseeable future and most importantly, the Applicant being suffering from Hepatitis-B infection as reflected from the medical investigation, I am inclined to consider the Applicant's request for grant of bail on all the aforesaid grounds. Hence, the Applicant is granted bail on the following terms and conditions:- 2 of 4 46. BA-1461-26.odt (i) Applicant is directed to be immediately released on bail from prison in connection with FIR No. 290 of 2022; (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 Khandeshwar Police Station, 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 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 3 of 4 46. BA-1461-26.odt (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 6. 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. 7. 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 20:42:19 +0530