BA-1044-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1044 OF 2026 ANIL S/O AMBADAS MALVE VERSUS THE STATE OF MAHARASHTRA ….. Mr. Siddhesh S. Ghodke, Advocate for the Applicant. Mr. S. D. Ghayal, APP for the Respondent-State. ..... CORAM : ABHAY S. WAGHWASE, J. Reserved on : 24.06.2026 Pronounced on : 02.07.2026 ORDER : 1. Present application is for regular bail in connection with crime bearing no. 029 of 2026 registered at Pachod Police Station, District Chh. Sambhajinagar (Rural) for offence under Sections 309(4), 311, 3(5) of Bharatiya Nyaya Sanhita [BNS]. 2. According to learned counsel, applicant is falsely implicated. That, alleged occurrence is of 24.01.2026 but FIR is lodged after two days and as such, it is a delayed FIR. Moreover, according to him, FIR is against unknown persons. That, there was no recovery or discovery from the present applicant. He pointed out that even no Test Identification [TI] parade has been conducted. That, investigation is already over and charge sheet is filed on 04.04.2026, but as charge is not yet framed, it is expressed that there are no chances of trial 2026:BHC-AUG:25404 BA-1044-2026 -2- commencing soon in near future. On above counts, as applicant is behind bars since 14.02.2026 and as charges sheet is already filed, he prays for grant of bail. 3. Learned APP, while opposing the bail application, would submit that investigation revealed involvement of applicant and therefore he was arrested. However, learned APP admitted on court query that TI parade is not conducted. According to learned APP, applicant has bad antecedents as he is found to be involved in offences under NDPS Act. 4. In answer to above, learned counsel for applicant would make a statement across the bar that in previous crime, applicant is already acquitted. 5. After going through the papers, more particularly FIR, it seems that one Rajesh Hiralal Pardeshi informed police that, on 24.01.2026 around 6.00 p.m. when he and his wife were proceeding on a two wheeler, in the vicinity of Astha Agro Resort, they were chased and intercepted by four unknown persons who had come on two motorcycles, and on the knife point, they had taken away ring of informant and ornaments of his wife worth Rs.1,28,000/-. On above report, crime seems to have been registered, but on 26.01.2026. BA-1044-2026 -3- 6. As pointed out, in the FIR, there is only mention of four persons between age group of 30 to 35 years who had covered their faces. No TI parade is conducted. Charge sheet is already filed on 04.04.2026. Statement is made across the bar that charge is not yet framed. As there are no immediate prospects of commencement of trial, relief as prayed deserves to be granted. Hence, following order : ORDER I. The application is allowed. II. Applicant be released on bail in connection with crime no. 029 of 2026 registered at Pachod Police Station, District Chh. Sambhajinagar (Rural) for offence under Sections 309(4), 311, 3(5) of Bharatiya Nyaya Sanhita, on executing Personal Bond of Rs.15,000/- with one surety in the like amount, on the following conditions : [a] The applicant shall not tamper prosecution evidence. [b] The applicant shall co-operate with the trial and attend each and every court date, unless exempted by the trial court. III. The application is accordingly disposed off. [ABHAY S. WAGHWASE, J.] vre