9-BA-901-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 901 OF 2026 Akshay Babasaheb Kadam …...Applicant Versus. The State Of Maharashtra & Anr. …...Respondents -----  Mr. Ramanik Pawar a/w. Mr. Abhishek Shah, Mr. Amit Waykool, Ms. Puja Deshmukh, Mr. Nadeem Shaikh & Mr. Parvej Nadaf i/b. Mr. Ruturaj Patil for Applicant.  Mr. C.D. Mali, A.P.P. for Respondents-State.  Officer : PSI Mr. A. Pawar, Vadgaon Police Station, Dist. Kolhapur, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 29th September 2026. PER COURT : 1. Heard Mr. Ramanik Pawar, learned Advocate for the Applicant and Mr. Mali, learned A.P.P. for the Respondents-State. 2. By the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.), the Applicant seeks Regular Bail in connection with Crime No. 664 of 2025, dated 23rd December 2025, registered at Vadgaon Police Station, District Kolhapur, for offences osk 1 of 5 9-BA-901-2026 (CR).docx punishable under Sections 3(5), 309(4), 311, 61(2) and 238 of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.). 3. Mr. Ramanik Pawar, learned Advocate for the Applicant, states that there are seven (7) accused in Crime No. 664 of 2025. He states that the Applicant is Accused No. 1 and one of the Accused is CCL. He further states that Crime No. 664 of 2025 is registered as Sessions Case No. 68 of 2026 and is pending before the Additional Sessions Judge, Kolhapur (“Trial Court”). 4. The prosecution case is that on 22nd December 2025, at about 11:00 p.m., the Informant (Machindra Anandrao Bobade) was travelling in an Ashoka Travels bus carrying three parcels containing 60 kg of silver and 10 grams of gold from Kolhapur to Mumbai. When the bus reached near Tawade Hotel, Kolhapur, three unknown persons boarded the bus. They had masked their faces with handkerchiefs. At around 12:00 midnight, when the bus passed the Wathar Bridge, the three persons got down to urinate , then returned and sat in the bus cabin. When the bus reached the highway, they took out a sickle from their bag, pointed it at the cleaner, and asked the driver (Jijabai Mandre) to stop the bus. When the bus was stopped, the other accused persons arrived on a motorcycle and a four-wheeler. They threatened the driver, cleaner, and the informant and instructed them to open the bus dickey. They removed the parcels containing silver and gold and fled from the osk 2 of 5 9-BA-901-2026 (CR).docx spot. 5. The Police arrested the Applicant on 23rd December 2025. Bail Application, Exhibit 17, filed by the Applicant in Sessions Case No. 68 of 2026, was rejected by the Trial Court on 18th August 2026. 6. Mr. Ramanik Pawar, learned Advocate for the Applicant, submits that the accused have not been identified by any of the witnesses. He submits that the Applicant has been implicated solely on the basis of the recovery of material shown to have been made at the Applicant's instance. He submits that no other material links the Applicant to the crime. He further submits that the Trial Court and the Juvenile Justice Board have released co-accused Nos. 2 to 7 on bail. 7. Mr. Ramanik Pawar, learned Advocate for the Applicant, states that the Applicant has no criminal antecedents of a similar nature. However, the Applicant is involved in a gambling offence. 8. Mr. Mali, learned A.P.P. for the Respondents-State, submits that the material robbed from the bus, which has been recovered from the Applicant, shows that the Applicant and the other accused are involved in the crime. He further submits that there is CDR evidence indicating the Applicant's presence at the scene of the crime. osk 3 of 5 9-BA-901-2026 (CR).docx 9. Perused the record with the assistance of the learned Advocates. 10. A perusal of the F.I.R. indicates that the accused persons referred to therein are unidentified. The witnesses, namely, the driver of the bus and the Informant, whose statements have been recorded, have not identified the Applicant. 11. Apparently, no Test Identification Parade has been conducted in Crime No. 664 of 2025. 12. Considering the aforesaid circumstances, including the Applicant not being identified, the co-accused, similarly placed as the Applicant, being released on bail by the Trial Court, the charge-sheet being filed and the stolen material being recovered, the Applicant's continued detention pending trial in Sessions Case No. 68 of 2026 is not warranted. The prosecution has enlisted 34 witnesses the trial will take time to conclude. 13. In view of the above, the Bail Application is allowed on the following terms and conditions : (i) The Applicant in Crime No. 664 of 2025, dated 23rd December 2025, registered with Vadgaon Police Station, District Kolhapur, shall be released on bail upon furnishing a P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand only), with one or two sureties in the like amount to the satisfaction of the Trial Court in Sessions Case No. 68 of 2026. osk 4 of 5 9-BA-901-2026 (CR).docx (ii) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. (iii) The Applicant shall, within three (3) days of his release, provide the Investigating Officer with his residential address along with proof, his contact numbers and must inform the Investigating Officer of any changes to this information from time to time. (iv) The Applicant shall appear and report to the Investigating Officer at Vadgaon Police Station, District Kolhapur, from 10:00 a.m. to 11:00 a.m., on the second Monday of every month commencing from 12th October 2026 till the conclusion of the trial in Sessions Case No. 68 of 2026. (v) The Applicant shall regularly appear in Sessions Case No. 68 of 2026 pending before the Trial Court, unless specifically exempted. If the Applicant fails to appear before the Trial Court on the fixed date in Sessions Case No. 68 of 2026, the same will be considered a breach of condition and the Trial Court will be at liberty to pass appropriate orders. 14. The Criminal Bail Application No. 901 of 2026 is allowed in aforesaid terms. [ ASHWIN D. BHOBE, J. ] osk 5 of 5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.30 10:23:43 +0530