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2026 DAILYLAW 20901 (BOM)

PUSHKAR GULAB UNHAVANE v. THE STATE OF MAHARASHTRA

BA/2454/2026 · 2026-10-19

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Judgment text

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39 - BA - 2454 - 2026 Rushi IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2454 OF 2026 Pushkar Gulab Unhavane .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Mahesh Pawar, for the Applicant.  Mr. Sukanta Karmakar, for the Respondent - State.  Mr. Lokesh Pawar, API, Upnagar Police Station, Nashik. ................... CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 19, 2026 P.C. : 1. Heard Mr. Pawar, learned Advocate for Applicant and Mr. Karmakar, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in connection with C.R. No.465 of 2025 registered with Upnagar Police Station, Nashik for offences punishable under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023 r/w Sections 4 and 5 of the Arms Act, 1959; Section 135 of the Maharashtra Police Act, 1951 3. The Applicant is a young offender, aged 20 years old, having been implicated and apprehended and arrested in an offence to commit (dacoity). 1 of 4 39 - BA - 2454 - 2026 4. He is behind bars for more than one year. 5. There is nothing incriminating which can be seen from the prosecution case, prima facie, with regard to the Applicant and the other co-accused persons discussing or preparing to commit dacoity. The recovery from the Applicant is that of a knife. 6. Considering the fact that the Applicant is a young offender, I am inclined to consider the case of the Applicant for grant of bail. The Applicant is granted bail. 7. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant is directed to be immediately released from prison in connection with CR. No.465 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at concerned Police Station, once every month, on the first Sunday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend 2 of 4 39 - BA - 2454 - 2026 all dates of hearing before the Trial Court; (iv) Applicant 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. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (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 residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his 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 Applicant. 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 3 of 4 39 - BA - 2454 - 2026 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. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] 4 of 4