45.BA.1457.2026.doc Ajay 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. 1457 OF 2026 Navnath Kakasaheb Nihal .. Applicant / Orig. Accused Versus State of Maharashtra .. Respondent ....................  Mr. Aniket Vagal a/w. Ms. Juhi Kadu and Ms. Savvy Kolhekar, Advocates for Applicant.  Ms. Rajeshree V. Newton, APP for Respondent – State. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 08, 2026. P.C.: 1. Heard Mr. Vagal, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent – State. 2. This is an Application under Section 439 of the Criminal Procedure Code, 1973 seeking bail in connection with C.R.No.417 of 2018 registered with Talegaon Dabhade Police Station, District Pune for the offences punishable under Sections 302 and 201 read with 34 of Indian Penal Code, 1860 (for short ‘IPC’). 3. Applicant is indicted alongwith two other accused persons on the charge of committing the murder of the deceased victim. All parties before me are young offenders in a sense, as the incident in question appears to have arisen out of a relationship issue involving the sister of one of the accused persons which was brought to the notice of the 1 of 5 45.BA.1457.2026.doc deceased victim. As regards the act in question, the evidence is purely circumstantial. The victim was strangled with a rope and his body was thrown from the bridge as alleged by the prosecution by the accused persons. 4. Applicant was arrested on 09.07.2018 and was granted temporary bail on account of the COVID-19 pandemic on 30.03.2020. He voluntarily surrendered himself in September 2025. During the period when he was on temporary bail, he attended the Court proceedings and did not misuse the liberty granted to him. 5. Mr. Vagal would submit that if the time spent on temporary bail is excluded, Applicant would otherwise be incarcerated in two tranches for a little over 2 years and 10 months. Trial has not commenced, though charges have been framed long back even after so many years since 2019. 6. The commencement and/or conclusion of the trial in the near future appears prima facie improbable and therefore Mr. Vagal would also persuade the Court to consider the case of the Applicant for bail on the aspect of long incarceration. He would also persuade the Court to consider that there is no motive brought forth by the prosecution qua the Applicant in question and the Applicant alongwith the other two co-accused persons has been arrested only on the ground of presumption as initially the FIR was registered against unknown 2 of 5 45.BA.1457.2026.doc persons by the prosecution. 7. PER CONTRA, Ms. Newton, learned Prosecutor would submit that considering the dispute with regard to the sister of the Applicant having interacted with the deceased victim, the accused persons have committed the present crime. She would submit in all fairness that only circumstantial evidence is prima facie put forth by the prosecution, but that a strong motive is established in view of the aforesaid reason and the fact that the Applicant being friends with the other co-accused persons, he is alleged to have committed the present crime in the aforesaid circumstances. Considering the severity of the crime and also the fact that the accused persons attempted to destroy the evidence by throwing away the body of the deceased victim from the bridge, she would submit that the gravity of the offence ought to be considered for rejection of bail. 8. On the aspect of long incarceration, she would submit that what Mr. Vagal has submitted is correct and agrees to the fact that the Applicant has never misused the temporary bail granted to him in any manner. 9. After having considered the submissions advanced by the learned Advocate Mr. Vagal and the aforesaid timeline which is not being repeated and reiterated for the sake of brevity, I am of the opinion that the Applicant deserves to be enlarged on bail. 3 of 5 45.BA.1457.2026.doc 10. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Navnath Kakasaheb Nihal is directed to be immediately released from prison in connection with CR. No.417 of 2018; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Talegaon Dabhade Police Station, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend 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; 4 of 5 45.BA.1457.2026.doc (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 their current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in their 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. 11. 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. 12. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 5 of 5 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.08 20:14:25 +0530