[Cites 6, Cited by 0]
Bombay High Court
Ankush Prakash Sitape vs State Of Maharashtra on 29 January, 2026
2026:BHC-AS:4495 30-BA-3141-2025.DOC
Ajit Pathrikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3141 OF 2025
Ankush Prakash Sitape ...Applicant
Versus
State Of Maharashtra ...Respondent
Mr. Raviraj Paramane a/w Pranay Shirthare, for the Applicant.
Ms. Megha S. Bajoria, APP for the State-Respondent.
API - Nilesh Chavan, Nerul Police Station, Navi Mumbai, is
present.
CORAM : DR. NEELA GOKHALE, J.
DATED : 29th JANUARY 2026
PC:-
1. The Applicant seeks his release on bail in connection
with C.R. No. 545 of 2024 dated 23 rd August 2024 registered
with the Nerul Police Station, Navi Mumbai for the offences
punishable under Sections 140(1), 109(1), 103(1), 61(2),
238, 3(5), 45 and 54 of the Bharatiya Nyaya Sanhita, 2023
(for short, "BNS"), Sections 3, 5, 25 and 27 of the Arms Act,
1959 and Sections 37(1) and 135 of the Maharashtra Police
Act, 1951.
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2. The facts of the case, in brief, are that on 22 nd August
2024, while the Complainant was at Pune, he received a call
from his mother informing him that his elder brother, Aamir
Khanzada, had nor returned home. On receiving the
information, the Complainant started for Navi Mumbai from
Pune. Since a GPS system was installed in his brother's car,
the Complainant was able to track the location of the car,
which was found near Khopoli, at the side of the Mumbai-
Pune Expressway. When he reached the spot where the car
was found, the police were already present there and it was
revealed that his brother was found dead in the car. He was
also informed by the police that there was a missing
complaint in respect of his brother as well as his brother's
friend, namely Sumit Jain. Accordingly, the FIR was
registered, pursuant to which the present Applicant was
arrested on 26th August 2024.
3. The Applicant made an application seeking bail before
the Additional Sessions Judge, Belapur. However, the said
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application was rejected by order dated 10th July 2025. Hence,
the Applicant is before this Court seeking the relief as prayed.
4. Mr. Raviraj Paramane, learned counsel for the Applicant,
submits that the only role attributed to the present Applicant
is that the principal assailants i.e. the Accused Nos.5 and 6,
namely Raja Mudliyar and Rehan Khan, came to the house of
the present Applicant and spent one night in his house. It is
also alleged by the prosecution that the said accused went
downstairs of the Applicant's apartment and burnt their soiled
clothes. There was blood on their clothes and they burnt the
clothes near the house of the Applicant. The other allegation
against the present Applicant is that he was part of the
conspiracy to kill the Complainant's brother and that the
conspiracy was hatched at Viviana Mall. He submits that at
that point of time when the prosecution alleges the presence
of the present Applicant at Viviana Mall, the material in the
charge-sheet itself indicates that the Applicant was not seen in
the CCTV footage of Viviana Mall, where the other Accused
are seen sitting on the table. In these circumstances, he
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submits that the Applicant, being incarcerated since August
2024, deserves to be enlarged on bail.
5. Ms. Megha Bajoria, learned APP, submits that although
the CCTV footage does not show the presence of the present
Applicant, it is the story of the prosecution that the Applicant
was part of the conspiracy to kill the victim. She further
submits that there are as many as four antecedents against the
present Applicant; however, she concedes that the Applicant
has been acquitted in all four cases. She however, resists the
Bail Application.
6. I have heard learned counsel appearing for the
respective parties and perused the record with their
assistance.
7. Admittedly, the only role attributed to the present
Applicant is that the principal assailants, namely Raja
Mudliyar and Rehan Khan, came to his apartment and went
downstairs and burnt the clothes which they were wearing at
the time of assault. According to the prosecution, the said
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clothes had blood on them and thus, the evidence was
destroyed at the house of the present Applicant. Besides the
aforesaid material, there is no other material on record to
indicate the Applicant's complicity in the said offence. As
pointed out by Mr. Paramane, even the Applicant is not seen
to be with the principal assailants and the other accused at
Viviana Mall while the alleged conspiracy was being hatched.
The Applicant was arrested on 26th August 2024 and till date,
even the charges are not framed. It is not likely that the trial
will conclude in the near foreseeable future.
8. Considering the aforesaid and the fact that the Applicant
is acquitted in all previous antecedents against him, I am
inclined to enlarge the Applicant on bail and it is ordered as
under:
ORDER
i) The Applicant be enlarged on bail, on executing PR
Bond in the sum of Rs.50,000/ with one or two local sureties
in the like amount;
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ii) The Applicant shall attend the Police Station concerned,
on first Monday of every month between 10:00 a.m. and
12:00 p.m., till the charges are framed. He shall also attend
the Trial Court concerned on each and every date as directed,
till the conclusion of the trial, save and except if the Applicant
is exempted from appearance by orders of the Trial Court.
iii) If the Applicant has not deposited his passport, the
Applicant shall deposit the same with the concerned Police
Station, if any;
iv) The Applicant shall not leave India, without permission
of the trial Court;
v) The Applicant shall not tamper or attempt to influence
or contact the complainant, witnesses or any person
concerned with the case;
vi) The Applicant shall inform his latest place of residence
and mobile contact number immediately after being released
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and / or change of residence or mobile details, if any, from
time to time to the Court seized of the matter and to the
Investigating Officer of the concerned Police Station;
vii) The Applicant to co-operate with the conduct of the
trial;
viii) Any infraction of the aforesaid conditions shall entail
cancellation of bail.
9. Application is allowed in the above terms and is
accordingly disposed of.
10. It is made clear that the observations made herein are
prima facie and are confined to this Application and the Trial
Judge to decide the case on its own merits, uninfluenced by
the observations made herein.
(Dr. Neela Gokhale, J)
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