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2026 DAILYLAW 20110 (BOM)

PRASHANT VILAS GHADGE v. THE STATE OF MAHARASHTRA

BA/2660/2026 · 2026-10-16

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Judgment text

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54.BA.2660.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2660 OF 2026 Prashant Vilas Ghadge .. Applicant Versus The State of Maharashtra .. Respondent WITH BAIL APPLICATION NO. 1336 OF 2026 Yogesh Damodar Jadhav .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Aniket Nikam a/w. Mr. Mayuresh Ingle and Mr. Rutuj Deshmukh, Advocates for Applicant in Bail Application No.2660 of 2026.  Mr. Ashraf Ali Shaikh, Advocate appearing through video conferencing a/w. Mr. Mrugen Dhage for Applicant in Bail Application No.1336 of 2026.  Mr. Amit A. Palkar, APP for Respondent – State in Bail Application No.2660 of 2026.  Ms. Sangeeta E. Phad, APP for Respondent – State in Bail Application No.1336 of 2026. ................... CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 16, 2026 P.C. : 1. Heard Mr. Nikam, learned Advocate for Applicant in Bail Application No.2660 of 2026; Mr. Shaikh, learned Advocate appearing through video conferencing for Applicant in Bail Application No.1336 of 2026; Mr. Palkar, learned APP for Respondent – State in Bail Application No.2660 of 2026 and Ms. Phad, learned APP for Respondent – State in Bail Application No.1336 of 2026. 1 of 5 54.BA.2660.2026.doc 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.96 of 2024 registered with Shivajinagar Police Station for offences punishable under Sections 307, 120B read with 34 of the Indian Penal Code, 1860 (for short ‘IPC’); Section 3(25) of the Arms Act, 1959; Sections 37(1) read with 135 of the Maharashtra Police Act, 1951 and under Sections 3((1)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short ‘MCOC Act’). 3. Bail Application No.1336 of 2026 is listed on 18.11.2026. However, the present Bail Application pertains to Accused No.4 in the present crime and therefore on mentioning. Bail Application No.1336 of 2026 which pertains to Accused No.2 in the same crime is also taken up for hearing alongwith the present Bail Application. Both Bail Applications are disposed of by this common order. 4. Prosecution case is under Section 307 of IPC where the principal Accused No.6 who is the main conspirator had desired to eliminate his own son with the aid and help of the other accused persons. The principal accused No.6 is already released on bail. Four out of the 11 accused persons are released on bail by the Court. 5. Insofar as the role of the present Applicant is concerned, he is alleged to have conspired and been a conduit between the principal conspirator and the other accused persons in hatching the plot for 2 of 5 54.BA.2660.2026.doc attempting to murder the son of Accused No.6. Fortunately, the attempt failed miserably. The role of Accused No.4 represented by Mr. Nikam is that of a mediator and conduit between the principal accused and the other persons. 6. Insofar as Accused No.2, Yogesh Jadhav is concerned, his role in the crime is that he was riding the bike alongwith Accused No.1 who had made an unsuccessful attempt to fire at the First Informant. Considering the parity and the fact that the Applicants have been incarcerated for more than 2 and ½ years, I am inclined to consider the case of Applicants for grant of bail. Both Applicants are granted bail. 7. Hence, in view of above prima facie observations and findings, Bail Applications of Applicants are allowed subject to the following terms and conditions:- (i) Applicants are directed to be immediately released from prison in connection with CR. No.96 of 2024; (ii) Applicants are directed to be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) each with one or two sureties in the like amount; (iii) Applicants shall report to the Investigating Officer at concerned Police Station, once every month, on the first 3 of 5 54.BA.2660.2026.doc 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) Applicants shall cooperate 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. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicants shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicants shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicants shall keep the Investigating Officer informed of their current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in their 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 Applicants. 4 of 5 54.BA.2660.2026.doc 8. 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. 9. Both Bail Applications are allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 5 of 5 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.10.16 15:31:04 +0530