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Bombay High Court

NIKHIL NITIN JAGTAPversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that the applicant made out a prima facie case for bail and granted the bail application.

Summary

The applicant, Nikhil Nitin Jagtap, was arrested in connection with a violent incident on 12 January 2022 that involved assault, murder and alleged participation in an organised crime syndicate, and was charged under multiple IPC sections, the Criminal Law Amendment Act, the Arms Act, the Maharashtra Police Act and the Maharashtra Control of Organised Crime Act (MCOC). The prosecution alleged that Jagtap was part of a gang led by Nikhil Patil, citing FIR statements, CCTV footage and the fact that other co‑accused had been granted bail despite serious roles. The defence argued that there was no material establishing a nexus between Jagtap and the organised crime syndicate, highlighted inconsistencies in witness statements, the absence of a test‑identification parade, and pointed out that Jagtap had no prior criminal record and had been in custody for over four years. The court examined the statutory requirement under Section 21(4) of the MCOC Act, noting that bail can be granted if reasonable grounds exist that the accused is not likely to commit further offences and that a nexus with the syndicate is not proven. Finding prima facie that no sufficient evidence linked Jagtap to the organised crime network and considering the lengthy pre‑trial detention, the court allowed the bail application with strict conditions.

Issues considered

  • Whether the applicant, charged under the MCOC Act, is entitled to bail despite allegations of involvement in an organised crime syndicate.
  • Whether there is sufficient evidence to establish a nexus between the applicant and the organised crime syndicate.
  • Whether the applicant poses a risk of committing further offences if released on bail.

Legislation cited

Subjects

  • bail
  • MCOC Act
  • organised crime
  • conspiracy
  • pre‑trial detention
  • nexus
  • IPC offences
  • CCTV evidence
  • test identification parade

Judgment

                                                                                  ba-1273-2026


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                           BAIL APPLICATION NO. 1273 OF 2026

                      Nikhil Nitin Jagtap                                       …Applicant
                           Versus
                      The State of Maharashtra                                  …Respondent

                      Mr. Sudeep Pasbola, Senior Advocate a/w. Mr. Chinmay Godse and
                      Mr. Ranjan Gurnani i/b. Mr. Kishan Chaudhari, for the Applicant.
                      Dr. Dhanlakshmi Krishnaiyer, APP, for the Respondent- State.
VISHAL
SUBHASH                                            CORAM : SHREERAM V. SHIRSAT, J.
PAREKAR
Digitally signed by
VISHAL SUBHASH
PAREKAR
                                                   DATE   : 1st OCTOBER, 2026
Date: 2026.10.01
17:44:34 +0530
                      P.C.

                      1.        The Applicant, who is arraigned as accused No. 4 in C.R. No.

                      20 of 2022 registered with Lonikand Police Station for the

                      offences punishable under Sections 302, 307, 341, 143, 147, 148,

                      149, 427, 120-B, 201 of the Indian Penal Code (IPC); Sections 3

                      and 7 of the Criminal Law Amendment Act; Sections 3(25), 4(25)

                      of the Arms Act; Sections 37(1), 37(3) read with Section 135 of

                      the Maharashtra Police Act; and Sections 3(1)(i), 3(2), 3(3), 3(4)

                      of the MCOC Act, has preferred this application to enlarge him on

                      bail.

                      2.        It is the case of the prosecution that the original

                      complainant, namely Minal Sachin Shinde, lodged an FIR with

                      Lonikand Police Station, Pune and stated that her husband Sachin

                      Vishal Parekar                                                       ...1
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Shinde and brother-in-law Harshal Shinde are in jail in connection

with the murder of one Sachin Nanasaheb Shinde. It is further the

case that on 12.01.2022 at 11:00 a.m., the complainant along with

the driver Dnyaneshwar Gyanba Chavan, Kumar Maruti Shinde

and Prathamesh alias Sunny Kumar Shinde had gone to the

Shivajinagar Court in the Maruti Swift vehicle for the hearing of

the bail application of the complainant's husband. It is further the

case that after the court work was over, at around 6:00 p.m. to

6:30 p.m., while returning home at Zilla Parishad Primary School's

back road, one yellow-coloured dumper was standing and at that

time, one black Safari car came there and was placed horizontally

in front of their car.

3.        It is further the case that at that time, some persons got

down from the said car, namely Nikhil Patil, Rugved Walke, Rutik

Kinkar, the present applicant, Ketan alias Mauli Kolte, Abhishek

Ghavane, Shubham Wabale, Pratik Khande and four to five other

unknown persons. It is the case that Nikhil Patil had a pistol in his

hand and Rugved Walke, Rutik Kinkar and Abhishek Ghavane had

iron sickles in their hands, while others were carrying wooden

sticks in their hands. It is further the case that they all

surrounded the said car and tried to open it. Further, they

Vishal Parekar                                                     ...2
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smashed the glass of the said car with the sickle and wooden

sticks in their hands and opened the car door. It is further the case

of the prosecution that at that time, Nikhil Patil came near the

said car and said that they have killed his brother Sachin and that

he will also kill them. It is further the case that the complainant

was pulled out of the car and thereafter Nikhil Patil and his

accomplices attacked Sunny Shinde with a sickle and pulled him

out of the car. It is further the case that Pratik Khande gave a

sickle into the hands of Nikhil Patil and other persons attacked

Kumar Shinde with a sickle and dragged him out of the car and

brought him behind the car near Sunny and they all began to beat

him with iron sickles and wooden sticks. It is further the case that

upon seeing this, the driver and the complainant went to rescue

them. It is further the case of the complainant that one Ketan

assaulted the complainant with an iron sickle on her right hand

and at that point of time, she fell down. It is further the case that

the present applicant hit the driver who panicked and ran away. It

is further the case that thereafter Nikhil Patil, Rugved Walke,

Rutik Kinkar, Mauli Kolte, Pratik Khande, and Shubham Wabale

picked up big stones lying on the road and threw them onto the

heads of Sunny Shinde and Kumar Shinde; after that, the

Vishal Parekar                                                     ...3
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complainant ran away from the spot and went to Lonikand Police

Station and informed the police about the incident.

4.        It is further the case that on the basis of the complaint

lodged by the complainant, offences vide C.R. No. 20 of 2022 were

registered with Lonikand Police Station. Thereafter, investigation

was triggered, and the applicant came to be arrested on

15.01.2022.

5.        During the course of investigation, statements of witnesses

were recorded, CCTV footages were collected, recoveries were

effected etc. Further during the course of investigation, it was

further revealed that there was sufficient evidence to prove

continuous unlawful activities of the organized crime syndicate

headed by Nikhil Patil, the gang leader, and more than one charge-

sheet in respect of cognizable cases having punishment of three

years or more has been filed against the gang leader before the

competent courts within the preceding ten years and the

competent courts have taken cognizance of the said charge-sheets.

It is further the case that after completion of the investigation, the

Investigating Officer submitted his report to the competent

authority, i.e , the Additional Director General of Police and

Commissioner of Police, Pune City, inter alia requesting therein to

Vishal Parekar                                                      ...4
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accord sanction for prosecution of 24 accused persons, including

the wanted accused who is the gang leader, namely Nikhil

Devanand Patil, for the offences punishable under the MCOC Act.

It is further the case that on 26th April 2022, the Additional

Director General of Police and Commissioner of Police, Pune City,

was pleased to grant sanction under Section 23(2) of the MCOC

Act. It is further the case that after obtaining the necessary

permission for sanction of prosecution from the competent

authority, the charge-sheet was filed against the accused persons

before the Special Court under the MCOC Act, Shivajinagar, Pune,

on 10.05.2022 and it was numbered as Special Case No. 328 of

2022. It is further the case that a supplementary charge-sheet

was also submitted before the Special Court under the MCOCA Act,

Shivajinagar, Pune, on 06.10.2022.

6.        The learned Senior Counsel Shri. Pasbola, appearing for the

applicant submitted that in the present C.R. No. 20 of 2022, out of

24 accused, 12 accused have been granted bail. He further

submitted that the two co-accused who have been released on bail

had actually assaulted the deceased with weapons and despite

such being the accusation and the role, the Court has been pleased

to release the accused on bail. The learned counsel further

Vishal Parekar                                                      ...5
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submitted that on the point of conspiracy, the statements of

witnesses have been recorded after 48 days of the alleged

incident. He further submitted that although the applicant was

named by the complainant as the one who assaulted the driver

Dnyaneshwar Chavan, however, Dnyaneshwar Chavan in his

statement has not even whispered about the role of the present

applicant. The learned counsel further submitted that there are no

criminal antecedents against the present applicant, whereas the

co-accused persons with a graver role, who had criminal

antecedents, have been released on bail by the Trial Court and the

same has not been challenged by the State. He further submitted

that there is nothing to show that the Applicant is a part of the

organised crime syndicate. He further submitted that the

applicant is in custody for more than four years, and till date only

charge has been framed and that there are around more than 80

witnesses cited by the prosecution, which will take a considerably

long time for the trial to conclude; hence, he prayed that the

applicant be released on bail.

7.        Per contra, the Ld. APP submitted that the offence is serious

and it is a case of conspiracy where the applicant and other co-

accused have brutally committed the murder of two persons. She

Vishal Parekar                                                        ...6
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submitted that the applicant has been specifically named in the

FIR as well as in the statement recorded under Section 164 of the

Cr.P.C ( Section 183 of BNSS). She submitted that the applicant is

a part of an organized crime syndicate and is closely associated

with Nikhil Patil, who is the gang leader and who is absconding

since the date of the offence. She submitted that the CCTV footage

obtained from the house of Nanasaheb Shinde, who is accused No.

1, shows that the applicant, along with other accused, were

moving in a suspicious manner two days before the incident as

well as on the date of the incident. The Ld. APP further submitted

that considering the gravity and seriousness of the offence, the

provisions of the MCOCA Act have been invoked and the sanction

has been granted under MCOCA, taking into consideration the

gravity of the offence and the activities of the organised crime

syndicate.

8.        I have considered the rival submissions.

9.        The complainant has named the applicant in the statement

under Section 161 Cr.PC ( Section 180 of BNSS), by stating that

the driver was assaulted by the present applicant with something,

because of which he got scared and ran away. In her statement

recorded under section 164 of Cr.PC ( Section 183 of BNSS), she

Vishal Parekar                                                   ...7
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has improved her version and stated that the present applicant

assaulted the driver with a sickle on the face. However, the

statement of the driver was also recorded; who has not even

whispered about the applicant having assaulted him. On the

contrary, he states that one person amongst them assaulted him

by means of a wooden rod. The prosecution has not even

conducted a Test Identification (TI) parade to establish the

identity of the assailant. Further, accused Shubham Waghale, who

was named in the FIR as well as in the 164 statement as the

person who assaulted, has been released on bail by the Trial Court

even though there were criminal antecedents against him, which

order has not been challenged.

10.       Much emphasis was laid by the Ld. APP on the fact that the

applicant was seen in the CCTV footage along with other accused,

suspiciously moving on a bike. The Ld. APP therefore submitted

that he was involved in a conspiracy along with the absconding

accused Nikhil Patil, who is the kingpin of the syndicate. I have

gone through the CCTV footage panchnama dated 15.01.2022,

which is with respect to the footage of 12.01.2022 and the CCTV

footage panchnama dated 20.01.2022, which is with respect to the

footage of 10.01.2022. In the CCTV footage panchnama dated

Vishal Parekar                                                     ...8
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10.01.2022,      the   applicant   is   shown   to   be   having   some

conversation with the other accused. In the CCTV footage dated

12.01.2022, the applicant is shown to be arriving on his bike at

15:38 hours and leaving at 15:39 hours, i.e, within one minute.

The other accused Abhishek Lange, Atharva Khand, whose names

are also mentioned in the CCTV footage panchnama, have been

released on bail by the Special Court, Pune. Even Rishikesh

Argade, whose name is mentioned as being seen in the CCTV

footage of 10.01.2022, has been released on bail by the High Court

vide order dated 30.07.2024. Most importantly, the co-accused

Abhishek Gavhane, who was also having criminal antecedents and

was also named in the FIR, though not named in the 164

statement has been granted bail. The Ld. APP submitted that the

present applicant is named in the FIR as well as in the statement

recorded under section 164 of Cr.PC, however, a proper perusal

would show that the version in the 164 statement is an

improvised version and therefore prima facie, the credibility is

diminished.

11.       The statements of witnesses Shreyas Yashwant, Sourav

Yadav, and Saurabh Kand show that they had organized cricket

matches in the memory of late Sachin Shinde between 06.01.2022

Vishal Parekar                                                        ...9
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to 09.01.2022 and on the fourth day of the match, accused Nikhil

Patil, Sonya Bhandare, Rigved Walke, Rutik Kinikar, Rohan

Thorat, Pratik Kand, Ganesh Bhalerao, Mauli Kolte, Ganesh Raut,

Atharva Kand and the present applicant had come to the venue of

the match and at that time, the witnesses heard the discussions

amongst them that Sunny Shinde has been released on bail and

that they have to take revenge of murder of Sachin Shinde.

Shreyas          Yashwant,   although   names   the   applicant   in   his

statement, however, the two other witnesses, namely Sourav

Yadav and Saurabh Kand, who were also present, do not name the

present applicant.

12.       I am conscious of the fact that a person accused of offences

punishable under the MCOC Act cannot be enlarged on bail unless

the court is satisfied that there are reasonable grounds for

believing that the accused is not guilty of such offence and that he

is not likely to commit any offence while on bail. I am also

conscious of the proposition that in view of the definition of

"continuing unlawful activity" under Section 2(1)(d) of the MCOC

Act, it is not the requirement of law that two charge-sheets for

cognizable offences punishable with imprisonment for three years

or more need to be filed against each of the members of such

Vishal Parekar                                                         ...10
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syndicate. It is the membership of the organized crime syndicate

which makes a person liable under the MCOC Act.

13.       What merits consideration is the nexus of the person with

the organized crime syndicate. The fulcrum of the offence of

organized crime is the nexus with the organized crime syndicate.

In the present case, from the affidavit filed by the State, it can be

inferred that there are several cases filed against the kingpin, that

is, Nikhil Patil, however, apart from the offence in the present

C.R., no other case is registered against the applicant. It is not the

case of the prosecution that the applicant is arraigned in any of

the offences registered against Nikhil Patil, who is the alleged

kingpin, or other alleged members of the organized crime

syndicate as a co-accused; nor is it the case of the prosecution that

offences have been registered against the applicant individually.

14.       In view of the aforesaid, it can be inferred that prima facie

there is no material to establish the nexus between the applicant

and the organized crime syndicate. It appears that the embargo

against release on bail contained in sub-section (4) of Section 21,

prima facie may not operate as far as the applicant is concerned.

15.       A profitable and useful reference in this context can be made

to the judgment of the Supreme Court in the case of Ranjitsing

Vishal Parekar                                                       ...11
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Brahmajeetsing Sharma v. State of Maharashtra and Anr. 1

wherein the approach of the court in a matter of consideration of

prayer for bail in the face of the embargo contained in Section

21(4) of the MCOC Act was elucidated. The observations in

paragraph 44 are reproduced hereinbelow:

         ”44] The wording of Section 21(4), in our opinion, does not lead to the
         conclusion that the Court must arrive at a positive finding that the applicant for
         bail has not committed an offence under the Act. If such a construction is
         placed, the court intending to grant bail must arrive at a finding that the
         applicant has not committed such an offence. In such an event, it will be
         impossible for the prosecution to obtain a judgment of conviction of the
         applicant. Such cannot be the intention of the Legislature. Section 21(4) of
         MCOCA, therefore, must be construed reasonably. It must be so construed
         that the Court is able to maintain a delicate balance between a judgment of
         acquittal and conviction and an order granting bail much before
         commencement of trial. Similarly, the Court will be required to record a
         finding as to the possibility of his committing a crime after grant of bail.
         However, such an offence in futuro must be an offence under the Act and not
         any other offence. Since it is difficult to predict the future conduct of an
         accused, the court must necessarily consider this aspect of the matter having
         regard to the antecedents of the accused, his propensities and the nature and
         manner in which he is alleged to have committed the offence.”


21. Taking into consideration the overall conspectus of the case

and the facts and circumstances of the case discussed herein

above, I am of the opinion that the applicant has made out a prima

facie case for grant of bail coupled with the fact that the Applicant

has already undergone more than 4 years of incarceration.

Although the charge has been framed, considering the number of

witnesses which the prosecution proposes to examine, there are
1 (2005) 5 SCC 294

Vishal Parekar                                                                                ...12
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bleak chances of trial being concluded in near future. The

apprehension on the part of the prosecution can be taken care of

by imposing appropriate conditions.

          Hence, the following order:


                                    ORDER

1] The application is allowed.

2] The applicant, Nikhil Jagtap, be released on bail in MCOC

Special Case No. 328 of 2022 arising out of C.R. No. 20 of 2022

registered with Lonikand Division, Pune City, Pune, upon

furnishing a P.R. bond in the sum of Rs. 50,000/- with one or two

sureties in the like amount to the satisfaction of the Special Judge,

Pune.

3] The applicant shall not tamper with the prosecution evidence

and/or give threat or inducement to any of the prosecution

witnesses.

4] The applicant shall furnish his current address and contact

number and inform if there is any change in the address and

contact number to the Special Judge.

5] The applicant shall regularly attend the proceedings before the

MCOCA SpecialJudge, Pune.


Vishal Parekar                                                    ...13
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6] The applicant shall not leave the State of Maharashtra without

the prior permission of the MCOCA Special Judge, Pune.

7) The Applicant shall deposit the passport, if any, with the MCOC

Special Court, Pune and shall not leave the country without prior

permission of the Special Court, Pune.

8) The Applicant shall not indulge in any other crime of similar

nature. If the applicant is found involved in any other

offence/crime, the same will be a ground for the prosecution to

make an application for cancellation of bail.

9)        It is clarified that the observations made in this order are

only for the purpose of entitlement of grant of bail to the applicant

and the Trial Court shall proceed further with the matter without

being influenced by the observations made in the present order.




                                      (SHREERAM V. SHIRSAT, J.)




Vishal Parekar                                                      ...14


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