12 BA-199-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 199 OF 2026 Mukesh Anil Magar …Applicant Vs. State of Maharashtra & Anr. …Respondents Mr. Mandaar Goswami a/w. Mr. Siddhant Choudhari, for the Applicant. Mr.S.V. Walve,APP for the Respondent-State. Ms. Rekha Musale, for Respondent No.2. CORAM: MADHAV J. JAMDAR, J. DATE : 31st AUGUST, 2026 P. C.: 1. Heard Mr. Goswami, learned counsel appearing for the Applicant, Ms. Musale, learned counsel appearing for Respondent No. 2 and Mr. Walve, learned APP appearing for the State. 2. This is the second bail application preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details of the case are given as under :- 1. C.R. No. 516 of 2023 2. Date of registration of FIR 17/08/2023 3. Name of Police Station Ambad, District-Nashik 4. Section/s invoked in FIR 302, 504, 506, 34 & 25(4) of the Indian Penal Code (IPC), 1860. 5. Section/s applied in Charge- 302, 212, 120B, 504, 31st August, 2026 12 BA-199-2026.DOC skt sheet 506 & 34 of the Indian Penal Code (IPC), 1860. 6. Date of incident 17/08/2023 7. Date of arrest 18/08/2023 8. Date of filing of Charge-sheet 03/11/2023 3. It is the submission of the Mr. Goswami, learned counsel appearing for the Applicant that this Court had granted bail to the Applicant -Ravindra Shantaram Aher (Accused No. 4) by order dated 5th August, 2024 passed in Criminal Application No. 2749 of 2024 and the role of the present Applicant is similar to that of said Ravindra Aher. 4. On the other hand, Ms. Musale, learned counsel appearing for Respondent No. 2, and Mr. Walve, learned APP state that the Applicant has committed the offence by breaching the externment order which was operating against the Applicant at the relevant time. It is further submitted that there are total five antecedents, including offences under Section 302 of the Indian Penal Code, 1860 and the Narcotic Drugs and Psychotropic Substances Act, 1985. 5. The prosecution case is set out in paragraph No. 2 of the order dated 9th September, 2024 passed by learned Additional 31st August, 2026 12 BA-199-2026.DOC skt Sessions Judge, Nashik below Exhibit 12 in Sessions Case No. 5 of 2024, which reads as under : “2. It is alleged by the informant Arun Vairagar that on 17.8.2023 at about 2:30 pm informant himself and his friend Mayur, Tushar Kute, Peer Attar, Piyush Nitare had been to the court and thereafter they were came at Samaj Mandir, Swami Nagar. There at about 2:30 pm co-accused Karan Kaduskar, applicant Mukesh Magar and co-accused Ravi Aher came on Splendor motorcycle. Applicant Mukesh Magar and co-accused Karan Kaduskar having sharp weapon on their waist. Co-accused Karan demanded money to Mayur Datir for liquor, on that count, argument took place between them. Similarly on count of earlier amount exchange of words took place between them due to which co-accused Karan got angry. Co-accused Karan started to abuse Datir and took out sharp edge weapon (Chopper) on his waist and stabbed the Chopper for 5 to 6 times to Mayur Datir due to which Mayur Datir severely injured. Informant attempted to save Mayur Datir but co- accused Karan Kaduskar and applicant Mukesh Magar gave threat to kill. After that Karan Kaduskar, applicant Mukesh Magar and co-accused Ravi Aher ran away from spot on motorcycle. People gathered on spot and took Mayur to the hospital for treatment but doctor declared him dead. After that, informant approached to Ambad police station and 31st August, 2026 12 BA-199-2026.DOC skt lodged the report. On that basis, crime registration no. 516 of 2023 came to be registered.” 6. Perusal of the record shows that the crime has been committed by the present Applicant when he was externed from District Nashik and by violating the said order, he has entered District Nashik and committed the crime. There are total five antecedents against the Applicant (Accused No. 3) as per the following details :- Sr. No. Police Station F.I.R. No. Sections 1 Satpura Police Station, Nashik 153 of 2018 302, 364, 323, r/w 34 of IPC 2 Satpura Police Station, Nashik 290 of 2020 341, 324, 323, 504, 506, 427 r/w 34 of IPC 3 Satpura Police Station, Nashik 81 of 2021 324, 323, 504, 506 r/w 34 of IPC 4 Satpura Police Station, Nashik 122 of 2021 8(c) r/w 27 of NDPS 5 Satpura Police Station, Nashik 02 of 2023 326 r/w 34 of IPC Thus, the antecedents include very serious crime of murder under Section 302 of IPC and also under N.D.P.S. Act. 7. The earlier Bail Application has been withdrawn as no case is made out for grant of bail on merits. This is the second Bail Application. Page 4 of 5 31st August, 2026 12 BA-199-2026.DOC skt 8. Accordingly, in the facts and circumstances, no case is made out for grant of bail. The bail application is dismissed. 9. The observations in this order are made for considering the present Bail Application. The learned Trial Court shall not be influenced by any of the observations made hereinabove and shall decide the case on its own merits. [MADHAV J. JAMDAR, J.] 31st August, 2026