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2026 DAILYLAW 13251 (BOM)

SIDDHARTH DYANDEV DABHADE v. THE STATE OF MAHARASHTRA

BA/3676/2026 · 2026-09-30

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Judgment text

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5. BA 3676-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3676 OF 2026 Siddharth Dnyandeo Dabhade .Applicant Vs. The State of Maharashtra .Respondent Mr. Aniket Vagal a/w. Ms. Savvy Kolhekar & Ms. Juhi Kadu, Advocate, for the Applicant Mr. Amit Mundhe, APP, for the Respondent – State Ms. Varsha Ramchandra Borse, PSI, Ambad Police Station, Nashik present CORAM : MILIND N. JADHAV, J. DATE : 30.09.2026 P. C. 1. Heard Mr. Vagal, learned Counsel for the Applicant & Mr. Mundhe, learned APP for the Respondent – State. 2. This Application is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short “CRPC”) in connection with C.R.No. 731 of 2023 registered with Ambad Police Station, Nashik for offences punishable under Sections 363, 364, 302, 201, 143, 147, 148 & 149 of the Indian Penal Code, 1860 (for short “IPC”). 3. The Applicant is a young offender. He along with the other Co- accused persons had kidnapped the victim, who had an inherent enmity with Accused No. 2 as per the prosecution case. He was beaten Anand 1 of 4 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.10.01 16:24:23 +0530 5. BA 3676-2026.doc up by fist and blows. There are certain eye witnesses to the account but that would be a matter of trial, since even according to the prosecution case, the victim was intercepted and taken to an isolated location in a mine, where he was beaten up by the Accused persons. The only reason which impels me to consider the present case is the long incarceration of the Applicant in jail for over two years and ten months pending trial. Insofar as the role attributed to the Applicant is concerned, according to the prosecution case, he participated and in inflicting fist blows and kicks to the victim. Interestingly, it is seen that Applicant is not named in the FIR nor in the Supplementary statement but on further investigation, the Test Identification Parade which has been carried out after almost two months later indicts him. In that view of the matter, I am inclined to consider the case of the Applicant for grant of bail especially, in view of two other co-accused persons namely Accused Nos. 4 & 5 have already been released on bail almost one year earlier. The Applicant is, therefore, released on bail on the ground of parity as well as long incarceration pending trial. 4. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- Anand 2 of 4 5. BA 3676-2026.doc (i) Applicant – Siddharth Dnyandeo Dabhade is directed to be immediately released from prison in connection with CR. No. 731 of 2023; (ii) Applicant is directed to be released on bail on furnishing P. R. Bond of Rs.15,000/- (Rs. Fifteen Thousand only) with one or two sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at Ambad Police Station, Nashik, 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; Anand 3 of 4 5. BA 3676-2026.doc (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 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