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2026 DAILYLAW 7976 (BOM)

MAYURESH AJIT GAMBHIR v. THE STATE OF MAHARASHTRA

BA/2985/2026 · 2026-09-10

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Judgment text

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P19. BA 2985-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2985 OF 2026 Mayuresh Ajit Gambhir .Applicant Vs. The State of Maharashtra .Respondent Mr. Shailesh Kharat a/w. Mr. Bharat Shinde, Mr. Parthraj Ware, Mr. Govind Mundhe, Mr. Vinod Kendre i/b. Mr. K. B. Mundhe, Advocates, for the Applicant Mr. Amit A. Palkar, APP, for the Respondent – State CORAM : MILIND N. JADHAV, J. DATE : 10.09.2026 P. C. 1. Mentioned. Not on board. Taken on board. 2. Heard Mr. Kharat, learned Counsel for the Applicant and Mr. Palkar, learned APP for the Respondent – State. 3. The Bail Application No. 2985 of 2026 is taken up for hearing at the request made by Mr. Kharat. Mr. Kharat would submit that the Applicant in the present case is also similarly covered with regard to the fact that grounds of arrest were not communicated to the Applicant, as mandated by the Constitution and the statutory provisions under the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”). With regard to communication of the grounds of arrest, it is prima facie Anand 1 of 4 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.11 11:23:30 +0530 P19. BA 2985-2026.doc seen that grounds of arrest were not communicated to the Applicant and only signature of his mother was taken on the intimation letter which was given to her informing about the grounds of arrest. These copies are appended at page Nos. 128 & 129. 4. After perusing the record and hearing the learned Prosecutor, I am prima facie convinced that the Applicant has made out a case for grant of bail. However, due to paucity of time, I am unable to record the reasons for grant of bail to the Applicant on merits of the above issue. For reasons to be recorded later, the Applicant is granted bail subject to the following conditions. 5. 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 – Mayuresh Ajit Gambhir is directed to be immediately released from prison in connection with CR. No. 21 of 2016; (ii) The Applicant is directed to be released on bail on furnishing P. R. Bond of Rs. 50,000/- (Rs. Fifty Thousand only) with one or two sureties in the like amount; (iii) The Applicant shall report to the Investigating Officer at Anand 2 of 4 P19. BA 2985-2026.doc Poynad Police Station, District – Raigad twice every month, on the first Monday and third Friday 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) The Applicant shall co-operate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. The Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) The Applicant shall not leave the State of Maharashtra without the prior permission of the Trial Court and he shall deposit his passport with the Trial Court on his release; (vi) The Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) The Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Anand 3 of 4 P19. BA 2985-2026.doc Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; (viii) Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 6. 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. 7. The Bail Application No. 2985 of 2026 is allowed and disposed of in the above terms. (MILIND N. JADHAV, J.) Anand 4 of 4