1 39 BA 657.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 657/2026 (Nilesh S/o Dashrath Patel Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.P. Bhadarkar, Advocate for applicant with Mr. A. Khadse, Advocate for applicant. Mr. N. B.Jawade, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 27/08/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No. 116/2024 registered with Police Station Rajapeth, Amravati City for the offences punishable under Sections 302, 34, 143, 147, 148, 149, 120-B, 201 of the Indian Penal Code. 3. At the outset, the learned counsel invited my attention to the order passed by this Court on 26/09/2024 in criminal application No. 810/2024, wherein the first bail application of the applicant was rejected by this Court. However, he has also invited my attention to the order of this court dated 05/02/2026 in respect of other co-accused accused namely Vijay alias Ajay Kondira Suryavnshi in criminal application No.1373/2025, wherein Vijay alias 2 39 BA 657.26 Ajay has been granted bail by this Court considering his role. The learned counsel for the applicant raises two grounds, he claims parity as this court has already released Vijay alias Ajay on bail by order dated 05/02/2026. According to the learned counsel, the present applicant stands on the same footing and submits that he deserves parity. He raises second ground that though the applicant was arrested on 27/02/2024 more than two and half years has passed. However, till today, not a single witness has been examined and therefore he submits that his fundamental right of speedy trial guaranteed under Article 21 of the Constitution of India has being grossly violated. He submits that the charges were framed on 07/11/2025. However, till today despite of framing of charges, not a single witness has been examined. In the charge-sheet, total 48 witnesses are shown and therefore he submits that there is least possibility that the trial would be concluded in near future and therefore considering the limited role of the applicant and the long incarceration, the applicant deserves to be enlarged on bail. 3 39 BA 657.26 4. On the other hand, the learned APP concedes the fact that, Vijay alias Ajay has been released on bail considering his role. He further submits that the applicant is not standing on the same footing. However, he submits that since his earlier application was rejected on merits, the said parity would not be applicable to him. Though the applicant was in jail since two and a half years, however, now the charges are framed and the prosecution is interested in concluding the trial as early as possible and is also ready to examine the witnesses. Under such circumstances, he submits that the application is devoid of merits and deserves to be rejected. 5. I have considered the rival submissions. No doubt this Court by order dated 26/09/2024 has rejected the bail application of the applicant considering his role. However, after two years, this Court has passed the order in respect of another accused namely Vijay alias Ajay and considered his role as mentioned in paragraph 6 of the order dated 05/02/2026. After the perusal of the papers of investigation, it appears that the applicant is also a similarly like as of Vijay alias Ajay. It further appears that the applicant and Vijay alias Ajay have played similar role. 4 39 BA 657.26 6. It is further to be noted that, the applicant is in jail since 27/02/2024. It further appears that the charge sheet was filed on 18/05/2024 and the charges were framed on on 07/11/2025. Though the charges were framed on 07/11/2025, however till today not a single witness has been examined. It is further to be noted that in the charge- sheet, total 48 witnesses are shown. There is a least possibility of concluding the trial in near future. It is not in dispute that the applicant is behind bars since more than two and half years. Under such circumstances, in my opinion, the applicant has made out a case on both the grounds first is of parity and second is of delay in trial. Considering both the grounds, I am inclined to grant bail. Hence, the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Nilesh S/o. Dashrath Patel be released on bail in connection with Crime No. 116/2024 registered with Police Station Rajapeth, Amravati City for the offences punishable under Sections 302, 34, 143, 147, 148, 149, 120-B, 201 of the Indian Penal Code on his furnishing P.R. Bond of Rs. 50,000/- with one surety in the like amount. 5 39 BA 657.26 (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. (v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial for two consecutive dates or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 7. Pending application, if any stands disposed of accordingly. 8. The observations of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 29/08/2026 14:24:16