Bombay High Court

ANIL AMBADAS MALVEversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The court granted bail to the applicant.

Summary

Anil applied for regular bail in a robbery case (crime no. 029 of 2026) registered at Pachod Police Station under Sections 309(4), 311 and 3(5) of the Bharatiya Nyaya Sanhita. He contended that the FIR was lodged two days after the alleged incident, that the FIR named unknown persons, no test identification parade was conducted, and that the charge sheet had been filed but trial was not imminent. The State opposed bail, alleging the applicant’s involvement and citing his prior NDPS offences, but also admitted that no identification parade had taken place. The court observed the delayed FIR, lack of identification, and the absence of any immediate prospect of trial, and therefore granted bail on personal bond with conditions. The bail order was pronounced, releasing the applicant and disposing of the application.

Issues considered

Whether bail should be granted in a case where the FIR is delayed, no test identification parade has been conducted, and the charge sheet is filed but trial is not imminent.

Legislation cited

Bharatiya Nyaya Sanhita — s. 309(4), 311, 3(5)
Narcotic Drugs and Psychotropic Substances Act

Subjects

bail
delayed FIR
test identification parade
charge sheet
Bharatiya Nyaya Sanhita
criminal procedure
false implication

Judgment

2026:BHC-AUG:25404


                                                                          BA-1044-2026
                                                  -1-

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                BAIL APPLICATION NO. 1044 OF 2026

                                    ANIL S/O AMBADAS MALVE
                                             VERSUS
                                  THE STATE OF MAHARASHTRA
                                                …..
                         Mr. Siddhesh S. Ghodke, Advocate for the Applicant.
                          Mr. S. D. Ghayal, APP for the Respondent-State.
                                                .....
                                         CORAM : ABHAY S. WAGHWASE, J.
                                         Reserved on   : 24.06.2026
                                         Pronounced on : 02.07.2026

                 ORDER :

                 1.    Present application is for regular bail in connection with crime

                 bearing no. 029 of 2026 registered at Pachod Police Station, District

                 Chh. Sambhajinagar (Rural) for offence under Sections 309(4), 311,

                 3(5) of Bharatiya Nyaya Sanhita [BNS].


                 2.    According to learned counsel, applicant is falsely implicated.

                 That, alleged occurrence is of 24.01.2026 but FIR is lodged after two

                 days and as such, it is a delayed FIR. Moreover, according to him, FIR

                 is against unknown persons. That, there was no recovery or discovery

                 from the present applicant. He pointed out that even no Test

                 Identification [TI] parade has been conducted. That, investigation is

                 already over and charge sheet is filed on 04.04.2026, but as charge is

                 not yet framed, it is expressed that there are no chances of trial
                                                         BA-1044-2026
                                 -2-

commencing soon in near future. On above counts, as applicant is

behind bars since 14.02.2026 and as charges sheet is already filed, he

prays for grant of bail.



3.    Learned APP, while opposing the bail application, would submit

that investigation revealed involvement of applicant and therefore he

was arrested. However, learned APP admitted on court query that TI

parade is not conducted. According to learned APP, applicant has bad

antecedents as he is found to be involved in offences under NDPS Act.



4.    In answer to above, learned counsel for applicant would make a

statement across the bar that in previous crime, applicant is already

acquitted.



5.    After going through the papers, more particularly FIR, it seems

that one Rajesh Hiralal Pardeshi informed police that, on 24.01.2026

around 6.00 p.m. when he and his wife were proceeding on a two

wheeler, in the vicinity of Astha Agro Resort, they were chased and

intercepted by four unknown persons who had come on two

motorcycles, and on the knife point, they had taken away ring of

informant and ornaments of his wife worth Rs.1,28,000/-. On above

report, crime seems to have been registered, but on 26.01.2026.
                                                                 BA-1044-2026
                                      -3-




6.      As pointed out, in the FIR, there is only mention of four persons

between age group of 30 to 35 years who had covered their faces. No

TI parade is conducted. Charge sheet is already filed on 04.04.2026.

Statement is made across the bar that charge is not yet framed. As

there are no immediate prospects of commencement of trial, relief as

prayed deserves to be granted. Hence, following order :

                                  ORDER

I.      The application is allowed.


II.     Applicant be released on bail in connection with crime no. 029
of     2026   registered   at   Pachod      Police   Station,   District   Chh.
Sambhajinagar (Rural) for offence under Sections 309(4), 311, 3(5)
of Bharatiya Nyaya Sanhita, on executing Personal Bond of
Rs.15,000/- with one surety in the like amount, on the following
conditions :


[a]     The applicant shall not tamper prosecution evidence.


[b]     The applicant shall co-operate with the trial and attend each
        and every court date, unless exempted by the trial court.


III.    The application is accordingly disposed off.


                                                [ABHAY S. WAGHWASE, J.]

vre

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