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2026 DAILYLAW 1757 (BOM)

SACHIN NANDUPRASAD KUMAR v. THE STATE OF MAHARASHTRA

BA/3017/2026 · 2026-07-31

Shri Ashwin D Bhobe

body2026

Judgment text

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31-BA-3017-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3017 OF 2026 Sachin Nanduprasad Kumar : Applicant. Versus. The State of Maharashtra : Respondent. ----- Mr. Machchhindra Bodke, Advocate for the Applicant. Mr. Ameet Palkar, APP for the Respondent/State. PSI Shital Thembe, Rajgad Police Station, Pune. ------- CORAM : ASHWIN D. BHOBE, J. DATED : 31st JULY 2026 PC:- [[ 1. Heard Mr. Machchhindra Bodke, learned Advocate for the Applicant and Mr. Ameet Palkar, learned APP for the Respondent- State. 2. By this Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks Regular Bail in connection with CR No. 407 of 2025, dated 08.11.2025, registered at Rajgad Police Station, Pune, for offences punishable under Sections 103(1), 238(a) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Mr. Machchhindra Bodke, learned Advocate for the Applicant, states that there are two Accused in the present crime. He states that Sameer Jadhav is Accused No. 1, whereas the Vivekanand 1 31-BA-3017-2026.DOC Applicant is Accused No. 2. He states that Crime No. 407 of 2025 is registered as Sessions Case No. 339 of 2026 and is pending before the Court of the Additional Sessions Judge 9, Pune (“Trial Court”). 4. In brief, the prosecution case is that Sameer Jadhav (Accused No. 1) murdered his wife, Anjali (deceased), as he suspected she was in an illicit relationship with someone else. After committing the murder, the body of the deceased was burned. 5. The Applicant was arrested on 15.01.2026. Criminal Bail Application No. 945 of 2026 filed by the Applicant was rejected by the Trial Court on 29.05.2026. 6. Mr. Machchhindra Bodke, learned Advocate for the Applicant, submits that the prosecution's case is based on circumstantial evidence. He submits that there is no material on record indicating the Applicant's involvement in the present crime. He submits that the Applicant has been incriminated on the basis of a confession made by Accused No. 1 while in police custody. To clarify, he states that Accused No. 1 alleged that the Applicant had assisted in destroying the body of the deceased. 7. Mr. Ameet Palkar, learned APP for the Respondent-State, submits that the material on record indicates that Accused No. 1 committed the murder of the deceased. He submits that the Applicant was seen with Accused No. 1 on the date of the incident. He submits that Applicant (Accused No. 2) assisted Accused No. 1 in the destruction of evidence. Vivekanand 2 31-BA-3017-2026.DOC 8. Perused the records. 9. The material on record, prima facie, does not indicate that the Applicant participated in the crime, i.e. in the murder of the deceased. Though, Mr. Ameet Palkar, learned APP for the Respondent-State, submits that the Applicant was seen with Accused No. 1 on the date of the incident, the material on record does not indicate the Applicant's involvement in the murder of the deceased. 10. The Applicant is apparently arrayed in Crime No. 407 of 2025 based on a statement made by Accused No. 1 while in police custody. Even taking Accused No. 1's statement at face value, the Applicant's involvement, if any, would relate to destruction of evidence. 11. The Applicant has been in jail since 15.01.2026. 12. Considering the aforesaid circumstances, the Applicant has made out a case for bail. Confinement of the Applicant in jail pending trial in Sessions Case No. 339 of 2026 is not necessary. 13. In view of the above, this Bail Application is allowed on the following conditions :- (a) Applicant is directed to be released on bail in connection with C.R. No. 407 of 2025 registered with Rajgad Police Station, Dist. Pune, upon furnishing a P.R. Bond in the sum 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. 339 of 2026. Vivekanand 3 31-BA-3017-2026.DOC (b) Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from disclosing the facts to the Court or any police officer and shall not tamper with evidence. (c) Applicant shall, within three (3) days of his release from jail, provide to the Investigating Officer, Rajgad Police Station, District Pune, his residential address with proof, the contact numbers and must inform the Investigating Officer about the change in the same from time to time. (d) Applicant shall appear, report and attend before the Investigating Officer, Rajgad Police Station, Pune, on the 2nd Monday of each month from 10.00 a.m. to 1.00 p.m. until further orders from the Trial Court. (e) Applicant shall regularly appear before the Trial Court in Sessions Case No. 339 of 2026, as and when the matter is fixed, unless specifically exempted. If the Applicant absents himself from appearing before the Trial Court on the date fixed, the same would be considered as a breach of this condition and the Trial Court would be at liberty to pass appropriate orders. (g) Applicant shall not leave the State of Maharashtra without prior permission of the Investigating Officer in writing. Vivekanand 4 31-BA-3017-2026.DOC 14. The observations made in the present order are meant for the purpose of deciding the Bail Application and would not have any impact or effect on the trial. 15. Criminal Bail Application No. 3017 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Vivekanand 5 VIVEKANAND RAJENDRA BONDE Digitally signed by VIVEKANAND RAJENDRA BONDE Date: 2026.08.01 11:49:06 +0530