Citation : 2026 Latest Caselaw 3621 Bom
Judgement Date : 9 April, 2026
2026:BHC-AS:16972
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vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL CRIMINAL BAIL APPLICATION NO.3959 OF 2025
Digitally signed by
VASANT
ANANDRAO IDHOL
Date: 2026.04.09 Jaisingh @ Raja Madhu Mudliyar ...Applicant
20:44:36 +0530
V/s.
State of Maharashtra ...Respondent
Mr.Amit Icham withMr.Bharat Shinde, Mr.Parthraj Ware,
Mr.Govind Mundhe and Mr.Vinod Kendre for the Applicant.
Ms.Veera Shinde, APP for the State - Respondent.
Mr.Tukaram Korde, P.I. attached to Nerul Police Station,
Mumbai is present in Court.
CORAM : R.M. JOSHI, J.
DATE : 9TH APRIL, 2026.
P.C. :-
1. The Applicant seeks bail in connection with Crime
No.545 of 2024 registered with Nerul Police Station for the
offence punishable under Sections 140(1) 109(1), 103(1),
61(2), 238, 3(5), 45 and 54 of Bhartiya Naya Sanhita (BNS)
and under Sections 3, 5, 25, 17 of Indian Arms Act and under
Sections 37(1) and 135 of Maharashtra Police Act.
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2. In short, it is the prosecution case that the deceased
was killed by the assailants. The dead body came to be recovered
at the instance of the present Applicant pursuant to the
statement recorded under Section 27 of the Evidence Act.
During the course of the investigation according to the
prosecution, the involvement of the Applicant and the co-
accused was seen and therefore, the chargesheet came to be filed
against them.
3. At the outset, learned counsel for the Applicant
submits that the co-accused Anand, Virendra and Ankush against
whom similar role has been attributed, are already enlarged on
bail. In this regard he made reference to the order dated 18 th
August, 2025 passed in Bail Application No.3076 of 2025 and
order dared 27th November. 2025 passed in Bail Application
No.4417 of 2025 by this Court granting bail to the co-accused. It
is his submission that on parity, the Applicant is entitled for bail.
He further makes statement that though four offences were
registered against the Applicant, for the charge under Section
302 of IPC, he came to be acquitted. It is his submission that
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there is no suppression of the said fact on behalf of the Applicant
as it was pointed out to the Court at the first instance.
4. Learned APP opposed the application by citing the
seriousness of the crime. It is her submission that the dead body
was recovered at the instance of the present Applicant and which
clearly indicates his involvement in the crime. She opposes bail
also on the ground that there are criminal antecedents against
the Applicant and the crimes of serious nature were registered
against him.
5. The co-accused are granted bail by this Court by the
orders mentioned herein above. The said orders are not
challenged before the Hon'ble Supreme Court. Needless to say
that having regard to the nature of evidence collected during the
course of investigation, the role attributed through all the
accused persons is similar in nature. As far as the antecedents
against the Applicant is concerned, out of 4 murder cases, he is
acquitted in 3 cases. It is pertinent to note that even the co-
accused, who are granted bail, there are antecedents against
them for commission of serious crime. Thus even on this ground,
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parity cannot be denied. Hence the following order is passed :-
i). The bail application is allowed ; ii). The applicant is directed to be released on regular bail
in connection with Crime Register No.545 of 2024 registered
with Nerul Police Station for offences punishable under Sections
Sections 140(1) 109(1), 103(1), 61(2), 238, 3(5), 45 and 54 of
Bhartiya Naya Sanhita (BNS) and under Sections 3, 5, 25, 17 of
Indian Arms Act and under Sections 37(1) and 135 of
Maharashtra Police Act, upon furnishing a personal bond of
Rs.50,000/- (Rupees Fifty Thousand Only) with one or more
solvent sureties in the like amount, to the satisfaction of the Trial
Court, subject to the following conditions:-
(a) The applicant shall not tamper with evidence, or
directly or indirectly contact, influence, threaten, or intimidate
any witness, particularly family members of the deceased.
(b) The applicant shall report to the Nerul Police Station
twice a month, specifically on the 1 st and 15th day of each month,
between 10:00 a.m. and 12:00 noon, until further orders.
c) The applicant shall not leave the territorial jurisdiction
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of the State of Maharashtra without prior written permission of
the Trial Court.
(d) The applicant shall not commit any offence or engage
in any criminal activity during the pendency of the trial
(e) The applicant shall at the time of furnishing surety,
provide his current residential address and mobile number to the
Investigating Officer as well as the Trial Court, and shall inform
the Court in writing of any change in residence or contact details
during the pendency of the case.
(f) In case of any breach of the conditions mentioned
above, the prosecution shall be at liberty to move for
cancellation of bail.
6. The bail application is allowed and disposed of
(R.M. JOSHI, J.)
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