4.BA.3296.2026.doc HARSHADA H. SAWANT (P.A.) 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.3296 OF 2026 Aman Mustak Shaikh .. Applicant Versus The State of Maharashtra .. Respondent ....................  Ms. Sana Raees Khan a/w. Mr. Devanand Bhosale, Advocates for Applicant.  Mr. Yogesh M. Nakhwa, APP for Respondent. ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 29, 2026 P.C. : 1. Heard Ms. Khan, learned Advocate for Applicant and Mr. Nakhwa, learned APP for Respondent. 2. This is an Application under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.298 of 2023 registered with Upnagar Police Station for offences punishable under Sections 302, 307, 120B, 143, 147, 148, 149 of the Indian Penal Code, 1860; Section 135 of the Arms Act, 1959; Sections 4 and 25 of the Maharashtra Police Act, 1951. 3. Applicant in the present case is arraigned as Accused No.3. There are total 5 Accused persons and one juvenile person who are arraigned as Accused. The incident took place on 22.07.2023 in the shop of the Complainant where the deceased was employed. The 1 of 4 4.BA.3296.2026.doc witness statement recorded by the prosecution prima facie shows that the juvenile had specifically informed the witness - Vishal Shyam Shelke, whose statement is appended at page No.193 that the deceased was eliminated due to extrading revenge by Accused Nos. 1, 2 and 4 and one Bala Desle. 4. Insofar as the indictment of the Applicant – Accused No.3 is concerned, Ms. Khan submits that he has been indicted on the basis of two eyewitness statements which have been recorded one month after the date of the incident. She would submit that the first eyewitness statement appended at page No.262 wherein Accused No.3 has not been named. However only on the basis of the second eyewitness statement, copy of which is appended at page No.282, the eyewitness mentions the presence of the Applicant i.e. Accused No.3 at the incident site. 5. She would submit that Accused No.3 has no antecedents and merely on the basis of a witness statement he has been indicted. On the issue of recovery, she would submit that two scythes (dks;rk) have been recovered from the juvenile Accused and Accused No.1. 6. She would submit that eyewitnesses to the incident do not attribute any specific role to the Accused nor any CCTV footage shows the the Accused having being involved. 2 of 4 4.BA.3296.2026.doc 7. Accused being a young person of 23 years has been in prolonged incarceration for 2 years 2 months and in that view of the matter, in view of the aforesaid prima facie observations emanating from the record, the Applicant is granted bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 298 of 2023; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five Thosand only) with one surety of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month 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 with any of the witnesses 3 of 4 4.BA.3296.2026.doc 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 (viii)Any infraction of the conditions shall entail cancellation of 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 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 of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.08.29 15:19:30 +0530