9.BA.3463.2026.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. 3463 OF 2026 Somnath @ Sana Raghunath Zanjar .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Akshay Bankapur, Advocate for Applicant.  Mr. Sukanta A. Karmakar, APP for Respondent – State. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 16, 2026. P.C.: 1. Heard Mr. Bankapur, learned Advocate for Applicant and Mr. Karmakar, learned APP for Respondent – State. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular Bail in connection with FIR No.64 of 2023 registered with Satpur Police Station, District Nashik for offences punishable under Sections 307, 143, 144, 147, 149, 385, 392, 120(B) and 201 of the Indian Penal Code, 1860 (for short ‘IPC’); Sections 3/25, 4/25 and 5/25 of the Indian Arms Act; Section 135 of the Bombay Police Act and 3(1)(ii), 3(2), 3(4) and 3(5) of the Maharashtra Control of Organised Crime Act, 1999 (for short ‘MCOC Act’). 1 of 5 9.BA.3463.2026.doc 3. Applicant is indicted in an offence under Sections for attempt to murder as also under MCOC Act. There are total 8 accused persons in the crime, out of which 3 of them have already been enlarged on bail. Applicant is arraigned as Accused No.3 and he is incarceration for the past more than 3 years 5 months. The FIR is lodged on 18.03.2023 wherein the Applicant is not named. There is a supplementary statement which is recorded on 20.03.2023 wherein Applicant is named, but no role whatsoever is attributed to Applicant with regard to the assault which was carried out. The only attribute is that after the entire incident happened, Applicant was one of the persons who alongwith the other accused persons ran away from the incident site. 4. Statements of witnesses are recorded which are appended from page No.223 onwards. Reading of the statement of the witnesses prima facie show dichotomy with regard to the number of people who were present. Some witnesses have stated that there were 5 to 6 persons who were chasing the Complainant after their car crashed in view of the enmity of the gang leader namely Accused No.4 with the Complainant. The witness statement at page No.223 of the Application, however attributes a much greater role. This statement has been recorded 8 days after the happening of the incident and it states that the accused was seen intercepting the way of two of the victims and their Hero Xtreme motorcycle by waving a pistol and sickle (dks;rk) at them and thereafter on his threatening, they handed over 2 of 5 9.BA.3463.2026.doc the motorcycle to him and he took the motorcycle and ran away from the incident site. Clear dichotomy having been seen with regard to the statement of the first informant, two statements of the first informant and witness statements as also long incarceration of the Applicant without any possibility of the trial being completed and other co- accused persons having been enlarged on bail and considering the role of Applicant, Applicant is also enlarged on bail. 5. 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 – Somnath @ Sana Raghunath Zanjar is directed to be immediately released from prison in connection with FIR No.64 of 2023; (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 Satpur 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; 3 of 5 9.BA.3463.2026.doc (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, 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. 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 4 of 5 9.BA.3463.2026.doc 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. 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 20:07:23 +0530