H.C.SHIV 919.BA1800.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1800 OF 2026 Sahajram Ramdhar Chouhan …Applicant V/s. The State of Maharashtra …Respondent Mr. Aniket Vagal for the Applicant. Mr. V. A. Kulkarni, APP for Respondent No.1. Mr. Narendra Pawar, API, Bhiwandi City police station present. CORAM: SHYAM C. CHANDAK, J. DATED : 9th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. At the outset Mr.Kulkarni, learned APP tendered a report about the eye witness, who is not traceable despite attempted to served with witness summons. The said report along with relevant the documents is taken on record and market as “X”. 3. The applicant seeks release on bail in connection with Crime No.368 of 2021, registered with Bhiwandi City police station, Thane for the offence punishable under Section 302 of the Indian Penal Code (“IPC”). 4. The prosecution case is that on 13th October 2021, at about 1:45 p.m., near a public toilet, at Bhiwandi, within the limits of Padma Nagar Police Chowky, the applicant stabbed the deceased- Rajendra Prasad Shantiprasad Verma on the throat, on account of a dispute over the place of sleeping. Consequently, the deceased succumbed to injuries. Tejas Kapase, Police Naik lodged a report. Page 1 of 4 HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.11 20:13:00 +0300 H.C.SHIV 919.BA1800.26.DOC The applicant came to be arrested on the same day. Investigation led to filing of charge-sheet. The trial Court rejected the applicant’s prayer for bail. 5. Mr.Vagal, learned Advocate for the applicant submitted that there is considerable delay in recording statement of the eye witness, who is presently, not traceable. There is no other eye witness to the incident. Hence, now, the case is based on circumstantial evidence, i.e., recovery of blood stained clothes of the accused and the knife etc. The trial will take considerable to conclude. Therefore, the applicant be released on bail. 6. Mr.Kulkarni, learned APP submitted that the material on record clearly show that the applicant has committed the murder on a trifle account. Efforts are being made to search the eye witness and produce him before the trial Court. Besides that eye witness, the prosecution is going to examine around 8 to 10 more witnesses and conclude the trial within 6 months. Therefore, bail be refused. 7. There is no dispute about the fact that the eye witness is not traceable. Mr.Vagal submitted that the trial Court is having other old custody matters. The applicant is behind bars for more than 4 years and 10 months. The charge is framed on 16th December 2024. Out of the cited 17 prosecution witnesses, only two witnesses have been examined so far. Therefore, the trial is not likely to conclude in the reasonable time. The applicant is not likely to abscond and tamper with the prosecution witnesses. Admittedly, the applicant was doing labour, therefore, he and his family must be facing great hardship due to his incarceration. 8. In the wake of above, the applicant may be released on bail on the ground of prolonged incarceration. Hence, following Order :- H.C.SHIV 919.BA1800.26.DOC (i) Applicant – Sahajram Ramdhar Chouhan be released on bail in aforesaid FIR registered with Bhiwandi City police station, Thane on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at Bhiwandi City police station, Thane on 1st and 16th day of each calender month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (v) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (vi) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (vii) In case of breach of aforesaid condition, the Respondent-State will be at liberty to seek cancellation of bail from the trial Court. (viii) It is clarified that any observation made in the present Order are for the purpose of deciding the present Bail H.C.SHIV 919.BA1800.26.DOC Application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case. 9. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.)