Bombay High Court

DIPAK ANKUSH MHASKEversusSUBHASH NARAYAN SOMDHANE AND ANOTHER

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

Bail was granted to the applicant as the prosecution failed to produce incriminating evidence linking him to the offence.

Summary

Subhash Somdhane was arrested in connection with the murder of Babasaheb Somdhane, an offence alleged under Sections 103(1), 61(1), 3(5), 49 and 54 of the Bharatiya Nyaya Sanhita, 2023 and Section 4/25 of the Arms Act. The FIR did not name him or describe his role, and the prosecution relied mainly on a rivalry motive, a stray phone call and uncorroborated statements of co‑accused. The defence argued that there was no material linking the applicant to the planning or execution of the crime and that the call record was not incriminating. The court held that, in the absence of any substantive evidence of participation, the applicant is entitled to bail, subject to stringent conditions. Accordingly, the bail application was allowed and the accompanying criminal application was disposed.

Issues considered

The adequacy of the evidentiary material linking the applicant to the murder for the purpose of denying bail.
Whether the applicant’s prior criminal cases justify the refusal of bail.

Legislation cited

Arms Act — s. 4/25
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 49, 54, 61(1)

Subjects

bail
murder
Bharatiya Nyaya Sanhita
Arms Act
evidence
presumption of innocence
prior criminal cases
conditions of bail

Judgment

2026:BHC-AUG:19242
33 BA 654 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

33 BAIL APPLICATION NO. 654 OF 2026
WITH
CRIMINAL APPLICATION NO. 1286 OF 2026
IN BA/654/2026

Subhash s/o Narayan Somdhane,
Age 37 years, occ. Agriculture,
R/o. Ahankar Deulgaon, Tq. & Dist.
Jalna. … Applicant.

VERSUS

The State of Maharashtra,
Through Kadim Jalna Police Station,
Tq. & Dist. Jalna. … Respondent
...
Advocate for Applicant : Mr. More P. P.
Addl.P.P. for Respondent : Mr. A.R. Kale
Advocate for Assist to APP : Mr. N.Y. Kingaonkar
...
CORAM : SHAILESH P. BRAHME, J.

DATE : 28.04.2026

PER COURT :

Heard both sides.

2. The applicant is seeking regular bail in connection with Crime No.
488/2025, registered with Kadim Jalna Police Station, District Jalna, for the
offences punishable under Sections 103(1), 61(1), 3(5), 49, 54 of Bharatiya
Nyaya Sanhita, 2023, and under Section 4/25 of the Arms Act.

3. A report is lodged by a friend of the deceased Babasaheb Somdhane
that Babasaheb was prohibited to enter Jalna district in pursuance of the
orders passed by the criminal court and he was staying at Konewadi Tq.
Chhatrapati Sambhajinagar. One Krishna Somdhane wanted to take
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revenge of Babashaeb. On 20.11.2025 after attending the court matter at
Jalna, when Babasaheb was returning by a car, driven by informant, he was
attacked by four persons, armed with the weapons. He was brutally
assaulted to death and the assailants fled away.

4. The applicant is arrested on 03.12.2025 in pursuance of above
offence. The charge-sheet is filed on 17.02.2026. In this backdrop, learned
counsel Mr. More submits that the applicant’s name and the role is not spelt
out in the first information report. No incriminating material is collected to
indicate any conspiracy to kill Babasaheb, of which applicant was a party.
The applicant is falsely implicated due to suspicion. A stray call after the
incident in question from one of the assailants to the applicant is not
inculpatory. There was no motive for applicant to take drastic step against
Babasaheb.

5. Learned Addl.P.P. would submit that the applicant and accused No. 5
Ankush were keeping watch on the movement of Babasaheb on the fateful
day. The applicant was party to the plan and he also had grudge against
Babasaheb. He was constantly in touch with other accused by using
Baliram’s mobile. The statement of Rajendra, Devidas and Amrut would
indicate interest and involvement of the applicant. There are three
antecedents against the applicant.

6. Criminal Application filed by the informant to assist the learned A.P.P.
is allowed. Learned counsel for the for the informant has adopted the
submissions advanced by the learned A.P.P.

7. The first information report does not spelt out name and any role of
the applicant. But it indicates rivalry between deceased Babasaheb and
Krishna Somdhane. Babasaheb was prohibited from entering Jalna district
in pursuance of the Court orders. Accused nos. 1 to 4 are the assailants,
who are attributed overt act on the fateful day. They were armed with
weapons and the death was due to the injuries inflicted by them. It is
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nobodies case that applicant was inside the car and monitoring the incident.
On the contrary accused no. 7 Krishna, who is said to have motive against
deceased was inside the car.

8. I have gone through supplementary statement of the informant,
wherein role attributed to the applicant is surfaced for the first time.
Considering the previous rivalry, the applicant and the co-accused hatched
the plan to eliminate Babasaheb and Babasaheb was being followed and
watched by them. A call record in between Baliram and applicant is tried to
be pitted against the applicant so as to show his involvement. The
applicant’s presence near spot of the incident is not seen. A stray call cannot
be said to be incriminating.

9. It is tried to be contended that applicant was using mobile phone of
Baliram and was in touch with other co-accused. It is not corroborated by
any material. It would be matter of trial to examine the coordination
amongst the applicant and co-accused. I have gone through statement of
Rajendra, Devidas and Amrut. Those are useful to predominantly to
establish the motive or the mens rea for Krishna and main perpetrators.
Though applicant’s name is taken by the witnesses to be amongst supporters
of Krishna, in the absence of any incriminating material to connect him to
the commission of crime, it is not possible to hold involvement of the
applicant, at this stage.

10. There are three criminal cases pitted against the applicant. A
stringent condition can be imposed. The applicant is behind bars since
03.12.2025. He deserves to be released on bail.

11. The Bail Application is allowed.

12. The applicant Subhash s/o Narayan Somdhane shall be released on
bail in connection with Crime No. Crime No. 488/2025, registered with
Kadim Jalna Police Station, District Jalna, for the offences punishable under

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Sections 103(1), 61(1), 3(5), 49, 54 of Bharatiya Nyaya Sanhita, 2023,
and under Section 4/25 of the Arms Act, on following conditions:

(a) The applicant shall furnish P.R. bond of Rs.
50,000/- (Rs. Fifty Thousand only) with one solvent surety
of like amount.

(b) The applicant shall not tamper with prosecution
evidence or contact with the prosecution witnesses.

(d) The applicant shall not enter village Ahankar
Deulgaon Tq. & Dist. Jalna till conclusion of the trial.

(e) The applicant shall surrender his Aadhar Card and
PAN card to the investigating officer.

(d) The applicants shall drop a Google pin location
from his mobile phone to the IO concerned so as to show
his whereabouts everyday.

(e) The applicant shall co-operate for expeditious
disposal of the trial.

13. Criminal Application No. 1286/2026 is disposed of.

( SHAILESH P. BRAHME, J.)

mkd/-

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