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2026 DAILYLAW 17324 (BOM)

ANKIT S/O YASHWANT RANDHAYE v. STATE OF MAHARASHTRA THR PSO., PS KORADI, NAGPUR

BA/1267/2026 · 2026-10-08

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Judgment text

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Order 081026ba1267.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1267 OF 2026. Ankit Yashwant Randhaye -VERSUS- State of Maharashtra. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri S.D. Chande, Advocate for the Applicant. Ms S.N. Thakur, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 08, 2026. Heard learned Counsel for the parties. 2. The applicant came to be arrested in connection with Crime No.234/2022 registered with Koradi Police Station, Nagpur City for the offence punishable under Section 302 of the Indian Penal Code. 3. The first information report came to be lodged by Sandhya Kukdey, alleging that on 19.08.2022 she made a phone call to her daughter Kajal [deceased] for carrying food Rgd. 2026:BHC-NAG:13529 Order 081026ba1267.26 2 grains from the fair price shop, and she went home. On reaching home she did not find her daughter therefore, on enquiry, her daughter Kajal informed that she was at Khaperkheda along with the applicant. However, Kajal did not returned, nor she responded to the calls till evening, the informant went to the police station for lodging a missing report, where she learnt that her daughter had met with an accident. The informant was informed that her daughter was murdered by slitting the throat by sharp weapon and on the basis of suspicion, the report was lodged against the applicant. 4. The learned Counsel for the applicant submits that he is seeking bail on the ground of delay in trial. It is submitted that the applicant was arrested on 20.08.2022, charges are framed on 07.06.2023. He submits that in 2024, 8 witnesses, in 2025 2 witnesses and in 2026, 5 witnesses were examined, thereby till date only 16 witnesses are examined. Whereas total 48 witnesses are named in the charge sheet for examination, however, if this speed of trial is considered, then according to him it will take at least 5 years to conclude the trial. In such circumstances, it is his submission Rgd. Order 081026ba1267.26 3 that the applicant is languishing in jail since more than 4 years and 2 months, therefore, considering the fact that the applicant do not have any antecedents and the the applicant would abide the conditions imposed while granting bail. Hence, he prayed for grant of bail. 5. On the other hand, the learned A.P.P. vehemently opposed the application by stating that from time to time the witnesses are being examined. Though the applicant was arrested on 20.08.2022, however, merely because he is in jail since 4 years and 2 months, that by itself is not sufficient to grant him bail. She further submits that the applicant had committed the murder of his girl friend, therefore, considering the seriousness of the offence, the applicant is not entitled to be released on bail. 6. Upon consideration of the submissions of both the sides, it is not in dispute that the applicant was arrested on 20.08.2022, charge sheet was filed on 17.11.2022, whereas charges were framed on 07.06.2023. Till date 16 witnesses are examined and in charge sheet total 48 witnesses have been cited by the prosecution. It is however, to be noted that for Rgd. Order 081026ba1267.26 4 more than 4 years and 2 months, the prosecution was not able to conclude the trial. It is further to be noted that the prosecution has cited 48 witnesses, and one does not know when the trial will conclude, and in such circumstances the applicant cannot be kept behind bars for indefinite period. Further there are no antecedents against the applicant. In such circumstances considering the speed of the trial, it can be said that trial will not conclude in near future. Therefore, I am of the considered opinion that the applicant has made out a case for grant of bail. Hence the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Ankit Yashwant Randhaye be released on regular bail in connection with Crime No.234/2022 registered with Koradi Police Station, Nagpur City for the offence punishable under Section 302 of the Indian Penal Code on his furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial. Rgd. Order 081026ba1267.26 5 (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (v) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (vi) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 09/10/2026 15:23:43