16. BA 3438-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3438 OF 2026 Dnyaneshwar @ Rohit Bajrang Sakat .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Vipul V. Dushing a/w Mr. Tanmay T. Kate & Mr. Ashraf Kazi, Advocates for Applicant  Ms. Sangeeta E. Phad, APP for State ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 9, 2026 P. C. : 1. Heard Mr. Dushing, leraned Advocate for Applicant and Ms. Phad, learned APP for State. 2. This is an Application filed under Section 439 of the Code of Criminal Procedure, 1973 / 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 425/2024 registered with Dehu Road Police Station for the offence punishable under Sections 103(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS"). 3. The Applicant is arraigned as accused No. 3 in the present crime. The reading of the FIR and the material placed on record prima facie shows that the role of the Applicant is no different than the other two accused persons. 1 of 4 16. BA 3438-26.odt 4. Case of the prosecution is that the the accused persons and the victim were known to each other and were having a celebration, where certain dispute amongst them led to a quarrel. That quarrel escalated to such an extent that all the accused persons caught hold of the victim and throttled his neck into submission. 5. Insofar as the role of the present Applicant before me is concerned, the prosecution's theory is that he had caught hold of the legs of the victim and immobilized him completely. Thereafter, when the victim fell unconscious, the Applicant along with both the other co - accused persons threw him down from the hill into an open stone quarry which ultimately caused his death. 6. Mr. Dushing would persuade me to consider the order of grant of bail to accused No. 2 which is appended at page Nos. 251-252 of the Application. 7. Considering the role of the present applicant and the fact that he has been in custody for for almost two years, Applicant has made out a case for grant of bail. Bail Application is allowed with following conditions:-:- (i) Applicant is directed to be immediately released from prison in connection with C.R. No. 425 of 2024; (ii) Applicant is directed to be released on bail on 2 of 4 16. BA 3438-26.odt 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 Dehu Road 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 any of the witnesses or tamper with the evidence in any manner; (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. 3 of 4 16. BA 3438-26.odt 8. 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. 9. 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: 2026.09.10 12:35:31 +0530