7.BA.3461.2026.doc Ajay 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. 3461 OF 2026 Mangesh @ Sagar Sharad Rahatal .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Aniket Vagal a/w. Mr. Savvy Kolhekar and Ms. Juhi Kadu, Advocates for Applicant.  Mr. Amit A. Palkar, APP for Respondent – State. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 16, 2026. P.C.: 1. Heard Mr. Vagal, learned Advocate for Applicant and Mr. Palkar, learned APP for Respondent – State. 2. This is an Application under Section 439 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular Bail in connection with C.R.No.161 of 2024 registered with Wavi Police Station, District Nashik for offences punishable under Sections 302, 326, 324, 323, 143, 147, 148, 149, 504 and 427 of the Indian Penal Code, 1860 (for short ‘IPC’). 3. Applicant is indicted in a crime for committing murder alongwith 12 other accused persons. All other accused persons have been enlarged on bail save and except the Applicant. Role attributed to the Applicant as per the FIR is on the basis of Applicant having used 1 of 5 7.BA.3461.2026.doc a wooden log lying nearby to assault the deceased victim. 4. Briefly stated, a quarrel took place between the Rahatal and the Admane family, who were neighbors and in that quarrel, fist blows were initially exchanged which escalated to such an extent that wooden sticks, iron rods and wooden logs lying around were used to assault each other. 5. However, the statement of the police constable who had gone to inquire pursuant to the initial quarrel between the same parties on the very day of the incident is to the contrary. The said statement is annexed at page No.96 of the Application and it states that after the initial quarrel between the two families, a police complaint was lodged and the police were called and when he went to inquire about the state of affairs, at that time, the police constable was approached by a child witness, who informed him about the whereabouts of the body of the deceased victim lying behind the house/structure where the families were residing. 6. In that view of the matter, the statements made in the FIR are prima facie contrary to the statement which has been recorded when the victim's body found by the police constable. That apart, Applicant is incarcerated for more than 2 years and 5 months. The trial will take an unduly long period of time to commence and for that matter, conclude. 2 of 5 7.BA.3461.2026.doc 7. The role of the co-accused, namely Accused No.2 is far greater than Applicant before me and he has been enlarged on bail. The bail order being on page No.253 of the Application persuades me to consider the case of Applicant to be enlarged on bail on parity. 8. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Mangesh @ Sagar Sharad Rahatal is directed to be immediately released from prison in connection with CR. No.161 of 2024; (ii) Applicant is directed to be released on bail on 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 Wavi Police Station, once every month, on the first Monday 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) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, 3 of 5 7.BA.3461.2026.doc unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (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 residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 9. 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 4 of 5 7.BA.3461.2026.doc hereinabove in this order. 10. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 5 of 5 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.16 20:06:41 +0530