11. BA 3623-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3623 OF 2026 Sanket Dhanaji Lankeshwar .Applicant Vs. The State of Maharashtra .Respondent Mr. Amolkumar Jadhav (Through VC) a/w. Mr. Siddharth Sutaria, Advocates, for the Applicant Ms. Sangeeta Phad, APP, for the Respondent – State Mr. Sushil Londhe, API, Warje Malwadi Police Station, Pune present CORAM : MILIND N. JADHAV, J. DATE : 28.09.2026 P. C. 1. Heard Mr. Jadhav, learned Counsel for the Applicant and Ms. Phad, 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. 444 of 2025 registered with Warje Malwadi Police Station, Pune for offences punishable under Sections 105, 118(1), 115(2) r/w. 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”). 3. The Applicant before me is hearing impaired and has been incarcerated for the past two years in prison. He is arraigned as Accused No.4 in the crime. A group of friends including the deceased Anand 1 of 5 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.29 20:10:07 +0530 11. BA 3623-2026.doc victim were at the petrol pump station for filling the petrol in their motor cycles when the incident in question had occurred. The incident in question is captured in 44 frames of the CCTV footage, copy of which is appended at page Nos. 76 to 78 by the prosecution to indict the Accused persons on the basis of role of the Accused persons in the crime. Insofar as the Applicant before me is concerned, he is spotted in 3 out of the 44 frames, inter alia, in one frame at the threshold, assaulting the deceased victim with hand. The details of the assault are not stated any further save and except to state that he along with Accused No. 2 assaulted the deceased victim. However, pursuant thereto, there are series of assault incidents which prima facie seem to have happened whereby the deceased has been assaulted by all other Accused persons save and except the Applicant. However, when the deceased victim had collapsed pursuant to the assault, the Accused persons attempted to revive him and it is seen that they were extremely scared and they sought for help in order to help their unconscious friend and they made him sit on the motor cycle and ferried him to the hospital for immediate treatment. However, their friend succumbed to the injuries. The Injury Certificate appended to the Application which prima facie shows death due to hemorrhage and internal bleeding. The cause of Death Certificate has been submitted separately before me by Anand 2 of 5 11. BA 3623-2026.doc the prosecution which is dated 05.06.2026. However, insofar as the Post Mortem Report is concerned, it states that the supposed cause of death could not be ascertained. However, considering the precise role of the Applicant in the crime and the fact that the crime was not committed with any premeditated notion which is prima facie evident from the various frames of the CCTV footage itself, where all the parties reconciled with each others and were seen hugging each other subsequently enures to the benefit of the Applicant for grant of bail. Needless to state that complicity of the Applicant or any other Accused person in the crime shall be proved at trial. Accused is granted bail. 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 – Sanket Dhanaji Lankeshwar is directed to be immediately released from prison in connection with CR. No. 444 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.20,000/- (Rs. Twenty Thousand only) with one or two sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at Warje Malwadi Police Station, Pune, once every month, Anand 3 of 5 11. BA 3623-2026.doc 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 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 Anand 4 of 5 11. BA 3623-2026.doc 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 5 of 5