28. BA-3239-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3239 OF 2026 Suresh Uttam Kale .. Applicant Versus The State of Maharashtra .. Respondent ....................  Ms. Shradha K. Nakadi, Advocate for Applicant  Ms. Anuja S. Gotad, APP for State ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 31, 2026 P. C. : 1. Heard Ms. Nakadi, learned Advocate for Applicant and Ms. Gotad, learned APP for State. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 279 of 2018 registered with Nashik Road Railway Police Station for the offence punishable under Section 395 of the Indian Penal Code, 1860 (for short "IPC") and Section 174 of the Indian Railways Act. 3. According to the prosecution case, the offence had taken place in the year 2018 in the intervening night on 05.07.2018 and 06.07.2018. Applicant is arrested after an unexplained delay on 19.03.2025 on the basis of the confessional statement of four other accused persons who were apprehended by the prosecution and who 1 of 4 28. BA-3239-26.odt have named the Applicant to be one of the members in the incident of the year 2018. 4. Prima facie, there is discrepancy in the lodgment of FIR number given in the chargesheet and the FIR which has been lodged by the prosecution which is seen by the Court. Learned APP was specifically directed on 18.08.2026 to take instructions on the same. Today, learned APP is unable to throw any light whatsoever save and except to state that Applicant was a part of group of the persons who had committed robbery in the year 2018 and therefore he has been arrested in the year 2025. The complaint which has been filed by the original complainant on 06.07.2018 with Nashik Road Railway Police Station does not give any lead whatsoever for indictment of the Applicant neither it establishes the nexus of the Applicant to the alleged robbery which had taken place in the year 2018. The arrest of the Applicant prima facie seen by the Court is on the basis of apprehension and the modus operandi of the Applicant in similarly placed cases and a confessional statement of a co-accused. 5. In view of the above, Applicant has made out a case for grant of bail on the ground of aforesaid reasons since his arrest is purely based on apprehension that Applicant may have been part of the group of persons who may have carried out the robbery in the year 2018. In 2 of 4 28. BA-3239-26.odt that view of the matter, Applicant is released on bail on the following terms and conditions:-:- (i) Applicant is directed to be immediately released from prison in connection with C.R. No. 279 of 2018; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 30,000/- (Rs. Thirty Thousand Only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Nashik Road Railway Police Station, once every month on the first Sunday 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 or tamper with the evidence in any manner; 3 of 4 28. BA-3239-26.odt (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. 6. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 7. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.31 15:13:05 +0530