DEVIDAS GOVIND NIKALJI AND ORSversusSTATE OF MAHARASHTRA

                                                                                   68. BA 1420-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       BAIL APPLICATION NO. 1420 OF 2026

                      1.      Devidas Govind Nikalje                         .Applicants
                      2.      Sarthak Baburao Bodke
                      3.      Bagyavant Siddheshwar Kalshetty

ANAND                                       Vs.
SUDHAKAR
SUDAME                        The State of Maharashtra & anr.                .Respondents
Digitally signed by
ANAND SUDHAKAR
SUDAME                Mr. Kuldeep Nikam a/w. Ms. Nishi Singhvi, Advocates, for the
Date: 2026.09.23
20:07:59 +0530        Applicants
                      Ms. R. V. Newton, APP, for Respondent No. 1 – State
                      Mr. H. M. Pawar, Advocate, for Respondent No. 2
                      Mr. Ravikiran Kadam, PSI, Lonikand Police Station, Pune present

                                            CORAM : MILIND N. JADHAV, J.

                                            DATE      : 22.09.2026
                      P. C.

                      1.      At the outset, Mr. Nikam would submit that the Applicant Nos.

                      2 & 3 have decided to simplictor withdraw and he has no instructions

                      to appear on their behalf though initially, the Vakalatnama has been

                      filed on behalf of all the Applicants. Hence, the present Application is

                      prosecuted by only by Applicant No.1 - Devidas Govind Nikalje.


                      2.      Heard   Mr.    Nikam,    learned     Counsel   for   the    Applicants,

                      Ms. Newton, learned APP for Respondent No. 1 – State and Mr. Pawar,

                      learned Counsel for Respondent No. 2.


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3.       This Application is filed under Section 439 of the Criminal

Procedure Code, 1973 (for short “CRPC”) in connection with C.R.No.

403 of 2025 registered with Lonikand Police Station, Pune for offences

punishable under Sections 109(1), 49, 115(2), 118(1), 118(2), 189(2),

189(4),190 & 191(3) of the Bharatiya Nyaya Sanhita, 2023 (for short

“BNS”).

4.      Briefly stated on the date of the incident on 27.10.2025 at 2.00

p. m., the Complainant while proceeding towards the School on his

two wheeler was intercepted and assaulted by six unknown persons.

Two of them assaulted with weapons, whereas the other four persons

inflicted blows with bricks and stones. Admittedly, according to the

prosecution case as also as per the statement of the First Informant,

Applicant was not present at the site of incident. However, three

months prior thereto, the Applicant had a rift with the Complainant

and had warned him and therefore, it is the Complainant’s case that

there is likelihood that the Applicant may have sent the assailants to

assault him. Save and except this, there is nothing incriminating which

has even been unearthed in the prosecution case. Learned Counsel for

the Applicant would persuade me to consider the order passed by the

trial Court rejecting the bail while observing that pursuant to the

incident in question, the Applicant was seen loitering around the house


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of the Complainant along with some other persons. Save and except

the aforesaid material, there is no other specific role attributable to the

Applicant. The Applicant has, therefore, made out a case for grant bail.

5.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicant No.1 only is allowed subject to             the

following terms and conditions:-

           (i)   Applicant No. 1 – Devidas Govind Nikalje is directed to

                 be immediately released from prison in connection with

                 CR. No. 403 of 2025;


           (ii) Applicant No. 1 is directed to be released on bail on

                 furnishing P.R. Bond of Rs.10,000/- (Rs. Ten Thousand

                 only) with one or two sureties of the like amount;


           (iii) Applicant No.1 shall report to the Investigating Officer

                 at Lonikand Police Station, Pune, once every month, on

                 the first Monday of the month between 10:00 a.m. to

                 12:00 p.m. until commencement of trial and thereafter

                 shall attend all dates of hearing before the Trial Court;


           (iv) Applicant No. 1 shall cooperate with the conduct of the

                 trial and remain present before the Trial Court on all

                 dates, unless specifically exempted. Applicant No. 1


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                 shall not seek unnecessary adjournments. Any such

                 conduct shall entitle the prosecution to apply for

                 cancellation of bail;


           (v) Applicant No.1 shall not leave the State of Maharashtra

                 without prior permission of the Trial Court;


           (vi) Applicant No. 1 shall not influence any of the witnesses

                 or tamper with the evidence in any manner;


           (vii) Applicant No.1 shall keep the Investigating Officer

                 informed of his current residential address and mobile

                 telephone number and shall forthwith inform the

                 Investigating Officer of any change in his residential

                 address or mobile telephone number, as and when such

                 change occurs; and


           (viii)Any breach or infraction of any of the aforesaid

                 conditions shall entail cancellation of the bail granted to

                 the Applicant No.1.


6.      It is clarified that the observations made in this order are limited

for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

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uninfluenced with any of the prima facie observations made

hereinabove in this order.


7.      Bail Application is allowed and disposed in the above terms.


                                                 (MILIND N. JADHAV, J.)




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