Created by Fuzzy Cloud

Bombay High Court

ROHIT DYANESHWAR KUKDEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The court granted bail, holding that the prosecution's evidence was insufficient to deny liberty at the pre‑trial stage and that conditions could mitigate any risk of tampering.

Summary

The applicant, a student, was implicated in a fatal shooting case under the Bharatiya Nyaya Sanhita, 2023 and the Indian Arms Act, based on an FIR that named unknown assailants. The prosecution alleged the applicant procured the weapon and highlighted his role in lodging a related FIR, claiming prima facie evidence of a conspiracy. The applicant contended false implication, citing lack of eyewitness testimony, delayed statements, and absence of corroborative evidence, and argued that continued incarceration would harm his academic prospects. The court examined the circumstantial nature of the evidence, the unexplained investigative delays, and noted that the investigation was complete, finding no compelling reason to deny bail. Considering the applicant's clean record and the ability to impose stringent conditions to prevent tampering, the court granted regular bail with a bond and specific conditions.

Issues considered

  • Whether bail should be denied in a fatal shooting case where the prosecution relies on circumstantial evidence and alleges the applicant's involvement in a conspiracy.
  • Whether the delay in recording witness statements and lack of corroborative evidence justify denial of bail.
  • Whether the risk of tampering with evidence warrants refusal of bail.

Legislation cited

Subjects

  • bail
  • false implication
  • circumstantial evidence
  • conspiracy
  • firearm offence
  • student
  • pre‑trial detention
  • Indian Arms Act
  • Bharatiya Nyaya Sanhita
  • Mumbai Police Act

Judgment

2026:BHC-AUG:23006



                                                                      946 BA1016.2026
                                                -1-

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1016 OF 2026

                                  ROHIT DYANESHWAR KUKDE
                                             VERSUS
                         THE STATE OF MAHARASHTRA AND ANOTHER
                                                ...
              Advocate for Applicant : Mr. Ade Ravindra B.
              APP for Respondent/State: Mr. D. J. Patil
                                                ...

                                 CORAM : SACHIN S. DESHMUKH, J.
                                    Date : 12.06.2026

              ORDER :-


              1.           The applicant has approached this Court seeking regular

              bail in connection with FIR dated 24.01.2026 bearing Crime No. 38 of

              2026 registered with Kadim Jalna Police Station, District Jalna for the

              offences punishable under Sections 103(1), 61(2), 3(5) of Bharatiya

              Nyaya Sanhita, 2023 and under Section 3/25, 5/27 of Indian Arms Act

              read with Section 135 of Mumbai Police Act.



              2.           The prosecution case is that on 23.01.2026 approximately

              at 08:45 p.m., the informant received a telephone call while working at

              a Chinese food cart. The caller informed that his brother-in-law, Charan

              Rayman, had been killed and instructed him to report immediately to

              Kalawati Hospital. Upon receiving this information, the informant and
                                                         946 BA1016.2026
                                   -2-

his wife rushed to Kalawati Hospital, where learned that the victim had

already been referred to the Civil Hospital for treatment. The informant

and his wife immediately proceeded to the casualty ward of the Civil

Hospital. Upon their arrival, the concerned Medical Officer examined

Charan Rayman and declared dead.



3.          The prosecution case further states that the people

assembled at the hospital informed that the incident occurred between

08:00 p.m. and 08:30 p.m. on 23.01.2026. The assault took place in

front of the Siddhivinayak Balrugnalaya on Ghati Road in Old Jalna,

where two unidentified individuals riding a two-wheeler fired a pistol

bullet at the victim. Charan Rayman sustained a grievous firearm injury

from the attack, which resulted in his death, leading the informant to

lodge the present complaint against the unknown assailants.



4.          The learned counsel for the applicant submits that it is a

case of false implication. The contents of the FIR establish that the

informant is not an eyewitness to the incident, having only received

information from unidentified individuals who were present at the

hospital. This complaint was lodged against unknown persons and the

subsequent implication of the applicant rests solely on vague suspicions.
                                                         946 BA1016.2026
                                   -3-

In any case, the implication of the applicant is at delayed stage. The

incident is of 23.01.2026 and the statement of the wife of the deceased

was recorded on 27.01.2026. In any case, the only allegation is of

procurement of the weapon allegedly used in the crime from applicant.

The applicant is a student. There are no criminal antecedent. The

Investigation is complete and the charge-sheet is filed, as such, further

incarceration of the applicant would be unjustified.



5.           Per contra, the learned APP vehemently opposes the bail

application submitting that there is strong prima facie evidence

establishing the applicant's direct involvement in a criminal conspiracy.

The prosecution highlights the incriminating circumstance wherein one

of the related FIRs was actually lodged at the instance of the present

applicant. Given the gravity of the crime involving a fatal daylight

shooting, the applicant's active role in the conspiracy disentitles to be

admitted to bail. If the applicant is enlarged on bail, there is every

possibility of tampering with the prosecution case. As such, prayed to

reject the bail application.



6.           Upon considering the submissions of both the sides and

perusing the material on record, including the charge-sheet, that the
                                                         946 BA1016.2026
                                   -4-

FIR was registered against unknown persons based on information

received by the informant at the hospital. The prosecution case is

premised on circumstantial evidence and a subsequent theory of

conspiracy, the roots of which must be tested during the trial. The

learned APP argued that the applicant's involvement in lodging a

related FIR points toward complicity, I find that such a circumstance

requires strict proof and cannot form the sole basis for denying personal

liberty at the pre-trial stage.



7.           Moreover, a perusal of the material on record reveals that,

prima facie, this appears to be a case of false implication. There is an

unexplained and significant delay on the part of the investigating

agency in recording the statements of the material witnesses.

Furthermore, the delayed statements prima facie indicates that they

contain a bare assertion regarding the procurement of the weapon

allegedly used in the incident, without any corroborative evidence.



8.           Apart from the aforesaid aspects, the investigation is

complete for all intents and purposes and the custody of the applicant is

no longer required. Considering the number of witnesses the

prosecution proposes to examine, there is every likelihood that the trial
                                                           946 BA1016.2026
                                      -5-

will take a considerable time before reaching its final conclusion.

Furthermore, The arrest of the applicant has been effected on

29.03.2026 and since then, is in jail.



9.              The applicant is a student whose academic career and

future prospects would be severely jeopardized by prolonged

incarceration during the pre-trial phase. The apprehension expressed by

the learned APP about tampering with the prosecution evidence can be

adequately taken care of by imposing stringent conditions.



10.             Hence, following order :-

                                    ORDER

         (I)      Application is allowed.


         (II)     Applicant – ROHIT DYANESHWAR KUKDE, be released
                  on regular bail on furnishing P.R. bond of Rs. 50,000/-
                  (Fifty Thousand Only) with one or two local solvent
                  sureties in the like amount, in connection with Crime No.
                  38 of 2026 registered with Kadim Jalna Police Station,
                  District Jalna for the offences punishable under Sections
                  103(1), 61(2), 3(5) of Bharatiya Nyaya Sanhita, 2023
                  and under Section 3/25, 5/27 of Indian Arms Act read
                  with Section 135 of Mumbai Police Act, on the following
                  conditions :-
                                                       946 BA1016.2026
                                 -6-


          (a) The applicant shall attend each and every date of the
             Trial Court unless exempted by the Trial Court.


          (b) The Applicant shall not pressurize the prosecution
             witnesses and shall not tamper with the prosecution
             evidence, in any manner.


          (c) The applicant shall submit his Aadhar and Pan Card to
             the Investigation Officer and detailed addresses and
             phone numbers of applicant and two of the near
             relatives.


          (d) In case of breach of any of the conditions by the
             applicant, it is open for the Prosecution to move this
             Court seeking cancellation of bail.


      (III) Needless to states that the observations rendered herein
             are to the extent of this application and the trial court
             shall not be influenced by the same.




                                       (SACHIN S. DESHMUKH, J.)

marathe


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.