Bombay High Court
NAVNATH KAKASAHEB NIHALversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that the applicant is entitled to bail as the prolonged pre‑trial detention and his satisfactory conduct outweigh the risks posed by the serious nature of the charges.
Summary
The Bombay High Court considered an application under Section 439 of the Criminal Procedure Code for bail to Navnath Kakasaheb Nihal, accused of murder and related offences under Sections 302, 201 and 34 of the Indian Penal Code. The applicant had been in custody for over two years, with a period of temporary bail during the COVID‑19 pandemic, and the trial had not yet commenced despite charges being framed in 2019. The prosecution argued that the seriousness of the crime, the alleged motive, and the attempt to destroy evidence warranted denial of bail, while the defence highlighted the long pre‑trial detention, the applicant’s good conduct while on temporary bail, and the purely circumstantial nature of the evidence. The court noted the improbability of a near‑term trial and the applicant’s lack of misuse of liberty, and concluded that bail should be granted subject to strict conditions. Accordingly, the bail application was allowed, with the applicant released on a personal bond and various reporting and non‑interference conditions.
Issues considered
- Whether bail can be granted under Section 439 CrPC in a murder case involving Sections 302, 201 and 34 IPC.
- Whether the delay in trial and the applicant’s period of temporary bail justify granting bail despite the seriousness of the offence.
- Whether the presence of circumstantial evidence and alleged motive affect the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code, 1860 — s. 201, 302, 34
Subjects
- bail
- Section 439 CrPC
- murder
- IPC Sections 302, 201, 34
- pre‑trial detention
- circumstantial evidence
- Maharashtra
Judgment
45.BA.1457.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1457 OF 2026
Navnath Kakasaheb Nihal Applicant /
.. Orig. Accused
Versus
State of Maharashtra .. Respondent
....................
Mr. Aniket Vagal a/w. Ms. Juhi Kadu and Ms. Savvy Kolhekar,
Advocates for Applicant.
Ms. Rajeshree V. Newton, APP for Respondent – State.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 08, 2026.
P.C.:
1. Heard Mr. Vagal, learned Advocate for Applicant and Ms.
Newton, learned APP for Respondent – State.
2. This is an Application under Section 439 of the Criminal
Procedure Code, 1973 seeking bail in connection with C.R.No.417 of
2018 registered with Talegaon Dabhade Police Station, District Pune
for the offences punishable under Sections 302 and 201 read with 34
of Indian Penal Code, 1860 (for short ‘IPC’).
3. Applicant is indicted alongwith two other accused persons on
the charge of committing the murder of the deceased victim. All parties
before me are young offenders in a sense, as the incident in question
appears to have arisen out of a relationship issue involving the sister of
one of the accused persons which was brought to the notice of the
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deceased victim. As regards the act in question, the evidence is purely
circumstantial. The victim was strangled with a rope and his body was
thrown from the bridge as alleged by the prosecution by the accused
persons.
4. Applicant was arrested on 09.07.2018 and was granted
temporary bail on account of the COVID-19 pandemic on 30.03.2020.
He voluntarily surrendered himself in September 2025. During the
period when he was on temporary bail, he attended the Court
proceedings and did not misuse the liberty granted to him.
5. Mr. Vagal would submit that if the time spent on temporary
bail is excluded, Applicant would otherwise be incarcerated in two
tranches for a little over 2 years and 10 months. Trial has not
commenced, though charges have been framed long back even after so
many years since 2019.
6. The commencement and/or conclusion of the trial in the
near future appears prima facie improbable and therefore Mr. Vagal
would also persuade the Court to consider the case of the Applicant for
bail on the aspect of long incarceration. He would also persuade the
Court to consider that there is no motive brought forth by the
prosecution qua the Applicant in question and the Applicant alongwith
the other two co-accused persons has been arrested only on the ground
of presumption as initially the FIR was registered against unknown
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persons by the prosecution.
7. PER CONTRA, Ms. Newton, learned Prosecutor would submit
that considering the dispute with regard to the sister of the Applicant
having interacted with the deceased victim, the accused persons have
committed the present crime. She would submit in all fairness that
only circumstantial evidence is prima facie put forth by the
prosecution, but that a strong motive is established in view of the
aforesaid reason and the fact that the Applicant being friends with the
other co-accused persons, he is alleged to have committed the present
crime in the aforesaid circumstances. Considering the severity of the
crime and also the fact that the accused persons attempted to destroy
the evidence by throwing away the body of the deceased victim from
the bridge, she would submit that the gravity of the offence ought to
be considered for rejection of bail.
8. On the aspect of long incarceration, she would submit that
what Mr. Vagal has submitted is correct and agrees to the fact that the
Applicant has never misused the temporary bail granted to him in any
manner.
9. After having considered the submissions advanced by the
learned Advocate Mr. Vagal and the aforesaid timeline which is not
being repeated and reiterated for the sake of brevity, I am of the
opinion that the Applicant deserves to be enlarged on bail.
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10. Hence, in view of above prima facie observations and
finding, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Navnath Kakasaheb Nihal is directed to be
immediately released from prison in connection with
CR. No.417 of 2018;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five
Thousand only) with one or two sureties in the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Talegaon Dabhade Police Station, 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 shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
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(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of their current residential address and mobile
telephone number and shall forthwith inform the
Investigating Officer of any change in their 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.
11. 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
uninfluenced with any of the prima facie observations made
hereinabove in this order.
12. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.09.08
20:14:25 +0530
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