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Bombay High Court

SHANKAR MUKESH KAMBALEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail was granted to the applicant subject to a bond and conditions.

Summary

Shankar Mukesh Kambale applied for regular bail in a case (Crime No. 367 of 2025) alleging assault with a sharp weapon and intent to kill, charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Criminal Law Amendment Act, 2013. The prosecution presented CCTV footage showing the applicant damaging the informant's vehicle, arguing a risk of absconding or witness intimidation. The applicant contended he did not partake in the assault on the first informant and highlighted that a co‑accused facing similar charges had already been released on bail. The court noted that the investigation was complete, the charge‑sheet filed, and the applicant had been in custody for about nine months. Weighing the evidence and the applicant's claim of non‑participation, the court granted bail on the condition of a Rs.30,000 bond, sureties, and strict directives not to tamper with evidence or contact witnesses. The order emphasized that the trial court would decide the case on its merits independently of the bail order.

Issues considered

  • Whether bail should be granted to the accused despite CCTV evidence showing his involvement in damaging the victim's vehicle
  • Whether the risk of absconding or influencing witnesses warrants denial of bail
  • Whether the fact that a co‑accused has been released on bail affects the applicant's bail application

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • weapon
  • CCTV evidence
  • witness tampering
  • Bharatiya Nyaya Sanhita
  • Criminal Law Amendment Act

Judgment

                                                                         47-BA-1353-2026 (CR).doc


                      Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL BAIL APPLICATION NO. 1353 OF 2026

                      Shankar Mukesh Kambale                          …..Applicant
                      versus
                      The State of Maharashtra                        ….Respondent
                      _________________________________________________________________

                      Mr. Chetan H. Deshmukh, Advocate for Applicant.
                      Ms. Gauri Rao,. APP for Respondent-State.
                      API-Ganesh Mugle, Ambad Police Station, Nashik City, present.
                      _________________________________________________________________

                                                         CORAM      :   SHIVKUMAR DIGE, J.
                                                         DATE       :   23rd APRIL, 2026.
                      P.C. :

                      1.         By this application, the applicant is seeking regular bail in

                      Crime No. 367 of 2025 registered with Ambad Police Station, District

                      Nashik, for the offences punishable under Sections 109, 189(1), 189(2),

                      189(4), 191(3), 324(4) and 352 of the Bharatiya Nyaya Sanhita, 2023 and

                      Section 7 of Criminal Law Amendment Act, 2013.

                      2.         It is prosecution's case that on 1st June 2025, around 10.00

                      pm, the applicant and co-accused assaulted the informant with a sharp

                      weapon and damaged his vehicle with the intention to kill him.

                      3.         It is contention of learned counsel for the applicant that the
SHUBHADA
SHANKAR               applicant is behind bars for around nine months. The co-accused, against
KADAM
Digitally signed by   whom similar allegations are made, has been released on bail. The
SHUBHADA
SHANKAR KADAM
Date: 2026.04.27
15:07:45 +0530

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Shubhada S Kadam


applicant did not participate in the assault on the first informant. It may

take time to conclude the trial. Hence, requested to allow the application.

4.         It is contention of learned APP that the entire incident is

captured on CCTV footage. In the CCTV footage, the applicant is seen

damaging the vehicle of the first informant with a sharp weapon. If the

applicant is released on bail, he may abscond or threaten the prosecution

witnesses. Hence, requested to reject the application.

5.         I have heard both learned counsel, perused charge- sheet and

documents produced on record. The co-accused, against whom similar

allegations are made, has been released on bail. The applicant did not

participate in the assault on the first informant. The applicant is behind

bars for around nine months. The investigation is complete, and the

charge sheet has been filed. It may take time to conclude the trial.

Considering these facts, I pass the following order:

                                  ORDER

       (i) The applicant be enlarged on bail Crime No. 376 of 2025

           registered with Ambad Police Station, District Nashik, on

           executing P.R.Bond in the sum of Rs.30,000/- with one or two

           sureties in the like amount.




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                                                     47-BA-1353-2026 (CR).doc


Shubhada S Kadam




       (ii) The applicant shall attend the concerned police station as and

           when required.

       (iii) The applicant shall not tamper with the evidence or attempt to

           influence or contact the complainant, witnesses or any person

           concerned with the case.

           The application is allowed in the aforesaid terms and is

accordingly disposed of.

6.         It is made clear that the above observations are made only for

the purpose of granting bail and the Trial Court shall decide the case on its

own merits in accordance with law and uninfluenced by the observations

made in this order.

7.         All concerned to act on the authenticated copy of this order.



                                               (SHIVKUMAR DIGE, J.)




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