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2026 DAILYLAW 9806 (BOM)

RAJ @ BARKYA PRAMOD SATHE v. THE STATE OF MAHARASHTRA

BA/1921/2026 · 2026-09-22

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Judgment text

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73.BA.1921.2026.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. 1921 OF 2026 Raj @ Barkya Pramod Sathe .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Ibrahim A. Shaikh, Advocate for Applicant.  Ms. Anuja S. Gotad, APP for Respondent – State.  API – Mr. Sharad Waghale, Talegaon Dabhade Police Station present. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 22, 2026. P.C.: 1. Heard Mr. Shaikh, learned Advocate for Applicant and Ms. Gotad, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in connection with C.R.No.646 of 2023 registered with Talegaon Dabhade Police Station, District Pune for offences punishable under Sections 399 and 406 of the Indian Penal Code, 1860 (for short ‘IPC’); Sections 3(25), 4(27), 27 and 35 of the Arms Act and Section 37 and 135 of the Maharashtra Police Act. 3. Applicant is incarcerated for the past almost three years pending trial. The indictment and arrest of Applicant is on the ground 1 of 4 73.BA.1921.2026.doc that he as well as other 4 persons were planning to commit dacoity. They were apprehended from an open space behind Gorawadi Railway Station in Talegaon Dabhade area at 02:35 p.m. in the afternoon on the 26.12.2023 and taken into custody. Two juveniles and three adults are involved as accused in the present crime, out of whom one adult accused is absconding. 4. Applicant is a young offender. Applicant has persuaded the Court to consider releasing him on bail since the complicity of Applicant to commit the crime would be otherwise a matter of trial. Considering the long incarceration of Applicant for almost three years and the ignominy of the trial not commencing or for that matter not being concluded in the near foreseeable future persuades me to consider the Application for grant of bail. The applicant is granted 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 – Raj @ Barkya Pramod Sathe is directed to be immediately released from prison in connection with CR. No.646 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 2 of 4 73.BA.1921.2026.doc amount; (iii) Applicant shall report to the Investigating Officer at Talegaon Dabhade Police Station, once every month, on the first Sunday 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, 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 3 of 4 73.BA.1921.2026.doc (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. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 4 of 4 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.22 20:24:58 +0530