36.BA.2475.2026.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.2475 OF 2026 Omkar Krushna Magar .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Veerdhawal Deshmukh a/w. Mr. Ameyprasad Atigre, Advocates for Applicant.  Mr. Sukanta A. Karmakar, APP for Respondent – State.  Mr. Kuldeep Patil a/w. Ms. Saili Dhuru and Mr. Anay Joshi, Advocates for Original Complainant / Intervenor.  Dr. Vishal Nehul, Dy.S.P., SDPU, Khalapur. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 08, 2026 P.C. : 1. Heard Mr. Deshmukh, learned Advocate for Applicant; Mr. Karmakar, learned APP for Respondent and Mr. Patil, learned Advocate for Original Complainant / Intervenor. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.366 of 2025 registered with Khopoli Police Station for offences punishable under Sections 103(1), 61(2), 189(1), 189(4), 190, 191(3), 238(a), 49, 58, 249 of the Bharatiya Nyaya Sanhita, 2023 Indian Penal Code, 1860; Sections 3, 4 and 25 of the Arms Act, 1959; Sections 37(1)(3) and 135 of the Maharashtra Police Act, 1951. 1 of 5 36.BA.2475.2026.doc 3. At the outset, Mr. Deshmukh submits that the name of the Applicant is required to be corrected as ‘Omkar Krushna’. He would submit that inadvertently, the name ‘Krushna’ is incorrectly stated as ‘Krushan’. Amendment is permitted to be carried out forthwith in the presence of the Court. Amendment is carried out by Mr. Deshmukh. It is permitted and endorsed by the Court. Re-verification stands dispensed with. 4. On 29.08.2026, after hearing the Applicant and the Complainant’s Advocates the following order was passed:- “1. I have heard Mr. Deshmukh, learned Advocate appearing for Applicant. The Applicant seeks bail. He has one of the accused person in the crime. According to Mr. Deshmukh, involvement of the Applicant on the date and time of the incident is not evident at all. He would submit that his indictment is on the basis of the charge that he provided one mobile phone, one SIM card and a vehicle (Mahindra Thar) registered in his name to the other co-accused persons after commission of the crime. Though at first blush it may appear very simple but there are always contours and overtures to such kind of incidents. The reason and motive for providing the three above things needs to be seen or investigated to prima facie determine the complicity of Applicant. The prosecutor prima facie submits that this being a political fallout, he would like to the appropriate instructions from the I.O. who is not present today with regards to the extent of intent or involvement of the Applicant. 2. Mr. Patil appearing on behalf of the complainant would submit that he would also take appropriate instructions and since he has been asked to appear for the first time today, he has requested the Court to adjourn the matter. Applicant is incarcerated for more than 8 months. Applicant is 29 years old and has no antecedents. Applicant’s wife has delivered a child in the month of March this year and he has not seen the face of the baby as yet as apprised by Mr. Deshmukh. 3. Mr. Deshmukh would further submit that the Applicant has been successfully running a business of land development in Raigad area. I direct the prosecution to take appropriate instructions qua the material which has been collected and point out the precise role of the Applicant or attributed to the Applicant by prosecution to the extent of his involvement in the present crime. 2 of 5 36.BA.2475.2026.doc 4. In view of the request made by Mr. Deshmukh, the present application will be treated as a part-heard and will be heard on 8th September 2026.” 5. The prosecution is armed with instructions today. However, with regard to the directions and specific case noted by the Court qua provision made of the three things by the Applicant to the other co- accused person after commission of the crime, the same is not being amplified further with reasons at all. 6. There is no doubt when Mr. Patil submits that the incident in question occurred 15 days after the elections were over and there was a political rivalry between two groups which may have possibly led to the unfortunate incident but to link the Applicant’s specific role from the material that is collected by the prosecution and the charge-sheet which is filed, save and except what is stated in paragraph No.1 of the previous order his complicity or he being one of the conspirators would have to be shown by the prosecution either directly or indirectly from the record. That not having been shown, the applicant has made out a case for grant of bail. 7. Considering the aforesaid, Applicant is granted bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 366 of 2025; (ii) Applicant is directed to be released on bail on 3 of 5 36.BA.2475.2026.doc furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty Thousand only) with one or two surety / sureties of the like amount; (iii) Applicant shall not enter the jurisdiction of Khopoli until the conclusion of the trial; (iv) 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.; (v) 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; (vi) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vii) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (viii)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 (ix) Any infraction of the conditions shall entail cancellation 4 of 5 36.BA.2475.2026.doc 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. ] 5 of 5 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.08 15:05:15 +0530