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2026 DAILYLAW 1897 (BOM)

YASH PRADIP MORE v. THE STATE OF MAHARASHTRA

BA/1568/2026 · 2026-08-11

Transfer Petitionbody2026

Judgment text

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45 ba 1568 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1568 OF 2026 Yash Pradip More, Age : 21 years, Occu. : Nil, Residing at Daheagon, Tal. : Rahata, District : Ahilyanagar. (At present in Nashik Jail) .. Applicant Versus The State of Maharashtra, Through MIDC Sinner Police Station, District – Nashik, Vide C.R. No. 120 of 2025 .. Respondent ....................  Mr. Kuldeep U. Nikam a/w. Mr. Om N. Latpate and Mr. Samadhan H. Ghumare, Advocate for Applicant.  Ms. Shilpa G. Talhar, APP for the Respondent – State.  Mr. R. H. Gaikwad, MIDC Sinnar Police Station, Nashik Rural, present. ................… CORAM : MILIND N. JADHAV, J. DATE : AUGUST 11, 2026 P. C. : 1. Heard Mr. Nikam, learned Advocate for the Applicants and Ms. Talhar, learned APP for the Respondent–State. 2. The Applicant before the Court is arraigned as Accused No. 3. The prosecution has arraigned six accused persons on the basis of 1 of 4 RAJESHRI PRAKASH AHER Digitally signed by RAJESHRI PRAKASH AHER Date: 2026.08.11 20:26:59 +0530 45 ba 1568 of 2026.odt there having been seen in the CCTV footage and their presence having been recorded in the panchanama. However, a clear dichotomy has been brought to the notice of the Court by Mr. Nikam, learned Advocate, while drawing my attention to page no. 44, which is the First Information Report (“FIR”, for short). Prima facie it is recorded therein that there were 10 persons, who have been specifically named, and the names are not in consonance with the names of the person found in the CCTV footage. In fact, on the basis of there being no adequate evidence, the additional four persons have not even been arraigned/framed. 3. Save and accept the aforesaid reason, there is no other reason for implication of the accused in the crime. On the ground of parity, Mr. Nikam has placed on record the order dated 8th July, 2026 passed in Criminal Bail Application 4214 of 2025, in the case of Accused No.1 namely, Chandrakant @ Chandu Narayan Tahkik, whose prima facie role, as seen from the contents of the statements recorded is much more than that of the Applicant before this Court. In that view of the matter, on the ground of parity itself, the Applicant deserves to be granted bail. Therefore the Application stands allowed. 4. In that view of the matter, Applicant has made out a case for grant of bail. Applicant has also no antecedents. In view of the above the following order is passed:- 2 of 4 45 ba 1568 of 2026.odt :: O R D E R :: (i) Applicant is directed to be immediately released from prison in connection with Crime No. 120 of 2025; (ii) Applicants are directed to be released on bail on furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty Thousand only), with one surety of the like amount; (iii) Applicant shall report to the Investigating Officer at MIDC Police Station, Sinner, Nashik, once every month on the first Monday between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so, it will entitle the prosecution to apply for revocation of this order; (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; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and 3 of 4 45 ba 1568 of 2026.odt (viii) Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 5. Bail Application is allowed and disposed of in the above terms. Rajeshri Aher [ MILIND N. JADHAV, J. ] 4 of 4