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2026 DAILYLAW 706 (BOM)

PIYUSH NITIN DONDE v. STATE OF MAHARASHTRA

BA/2442/2026 · 2026-06-22

Shri Ashwin D Bhobe

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14-BA-2442-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2442 OF 2026 Piyush Nitin Donde … Applicant Versus State of Maharashtra … Respondent ----- Mr. Amit Pradhan, for the Applicant. Mr. Yogesh Nakhawa, APP for the Respondent – State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 22nd June, 2026. P.C. : 1. By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks Regular bail in C.R. No. 479 of 2025 registered with the Nashik Road Police Station, Nashik, for offences punishable under Sections 310(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”), Sections 3, 4 r/w 25 of the Indian Arms Act, 1959 and Section 135 of the Maharashtra Police Act, 1951. The same is registered as Sessions Case No. 561 of 2025. 2. Mr. Amit Pradhan, learned Advocate for the Applicant, submits that the prosecution's case is that on 01.10.2025, Accused Arjun 1 14-BA-2442-2026.doc Nos. 1 to 4 in C.R. No. 479 of 2025, were apprehended while preparing for dacoity. He submits that the Applicant (Accused No. 7) was not at the spot where Accused Nos. 1 to 4 were arrested. He further submits that in an identical situation, Accused No. 5 (Aditya @ Billa Sunil Jaras) has been released on bail by this Court. He tenders a copy of the order dated 04.05.2026 passed by this Court in Criminal Bail Application No. 1640 of 2026, same is taken on record and marked with “X” for identification. He therefore submits that the Applicant is entitled to bail on the ground of parity. 3. Mr. Yogesh Nakhwa, learned APP for the Respondent – State, submits that the case of the prosecution against the Accused No. 5 (Aditya @ Billa Sunil Jaras) is identical to that of the Applicant and therefore, the case of the Applicant can be considered on the ground of parity. 4. Perused the records and the order dated 04.05.2026, passed by this Court in Criminal Bail Application No. 1640 of 2026. 5. The allegations and the role assigned to the Applicant Arjun 2 14-BA-2442-2026.doc (Accused No. 7) are like the role assigned to Accused No. 5 (Aditya @ Billa Sunil Jaras) in C.R. No. 479 of 2025, as submitted by Mr. Amit Pradhan, learned Advocate for the Applicant. Further, the Applicant and Accused No. 5 were not arrested at the spot where the other Accused Nos. 1 to 4 were arrested. On similar facts, Accused No. 5 has been released on bail by this Court. 6. Considering the above, the principle of parity would apply, and the Applicant would be entitled to bail on the ground of parity. 7. In view of the above, this Application is allowed on the following terms :- (a) The Applicant in C.R. No. 479 of 2025, registered with Nashik Road Police Station, Nashik, shall be released on bail upon furnishing a PR bond of Rs. 25,000/- (Rupees Twenty-Five Thousand only) with one or two solvent sureties in the like amount, to the satisfaction of the Additional Sessions Judge, Nashik Road, in Sessions Case No. 561 of 2025. Arjun 3 14-BA-2442-2026.doc (b) The Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from disclosing the facts to the Court or any police officer. Applicant shall not tamper with evidence. (c) The Applicant shall, within three (3) days of his release from jail, provide to the Investigating Officer, Nashik Road Police Station, Nashik, his residential address with proof, the contact numbers and must inform the Investigating Officer about the change in the same from time to time. (d) The Applicant shall report to the Investigating Officer at the Nashik Road Police Station, Nashik, once a month, i.e. on the 2nd Saturday of each month, from 11:00 a.m. to 12:00 p.m. till the framing of charge in Sessions Case No. 561 of 2025. Arjun 4 14-BA-2442-2026.doc (e) The Applicant shall regularly appear before the Additional Sessions Judge, Nashik Road, in Sessions Case No. 561 of 2025, as and when the matter is fixed, unless specifically exempted. 8. Bail Application No. 2442 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 5 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.06.22 20:35:13 +0530