Bombay High Court
RAVISINGH SHAMSINGH KALYANIversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant subject to the conditions specified in the order.
Summary
The applicant, Ravisingh Shamsingh Kalyani, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case registered under the Bharatiya Nyaya Sanhita, 2023 and the Maharashtra Control of Organised Crime Act, 1999. He is accused of house trespass and theft of jewellery, with the prosecution alleging involvement in multiple offences, though only four are detailed. The evidence against him is described as purely circumstantial, and his role is said to be identical to co‑accused who have already been released on bail. The defence argued for parity and highlighted the lack of direct evidence linking the applicant to the recovered ornaments. The court, noting the circumstantial nature of the proof and the parity with other accused, granted bail subject to stringent conditions, while expressly reserving the right to cancel bail for any breach. The order is limited to bail and does not address the merits of the case.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving offences under the Bharatiya Nyaya Sanhita, 2023 and MCOCA.
- Whether the applicant’s identical role to co‑accused already on bail warrants the same relief (parity principle).
- Whether the circumstantial nature of the evidence is sufficient to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 317(2), 331(5), 3(5)
- Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(2), 3(4)
Subjects
- bail
- circumstantial evidence
- parity
- MCOCA
- BNS
- house trespass
- theft
- criminal procedure
Judgment
71.BA.1459.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1459 OF 2026
Ravisingh Shamsingh Kalyani .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Aniket Vagal a/w. Ms. Savvy Kolhekar and Ms. Juhi Kadu,
Advocates for Applicant.
Mr. Amit A. Palkar, APP for Respondent – State.
API – Mr. Vinod N. Sane, Hadapsar Police Station present.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 16, 2026.
P.C.:
1. Heard Mr. Vagal, learned Advocate for Applicant and Mr.
Palkar, learned APP for Respondent– State.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with
C.R.No.570 of 2025 registered with Hadapsar Police Station, District
Pune for the offences punishable under Sections 331(5), 305, 317(2)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and
Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of
Organised Crime Act (for short ‘MCOCA’), 1999.
3. Applicant is arraigned as Accused No.1 in the present crime.
Though the learned Prosecution submits that MCOCA is applied and
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the Applicant is involved in 16 offences, only details of 4 offences are
provided to the Court, out of which only 1 offence is under Section 307
whereas the rest of the offences are all relating to theft and other allied
offences.
4. There are 6 accused persons in the present crime, out of
which 5 of them have been already enlarged on bail. Allegation in the
present crime is of the Applicant having committed house trespass and
stolen jewellry.
5. Role of Applicant is identical to co-accused Nos.2 and 3 who
have already been enlarged on bail and therefore the learned Advocate
Mr. Vagal persuades the Court to consider parity. Most importantly, he
would submit that the evidence against Applicant is purely
circumstantial and whether the Applicant was indeed involved in the
present crime or otherwise is not known.
6. Recovery of some ornaments has been made, but the role of
Applicant has not been attributed to the same. Considering the
circumstantial evidence in the present matter and the Reply filed by
the Prosecution, Applicant has made out a case for grant of bail on the
ground of parity.
7. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
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(i) Applicant – Ravisingh Shamsingh Kalyani is directed to
be immediately released from prison in connection with
CR. No.570 of 2025;
(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
Hadapsar 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;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
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(vii) Applicant 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.
8. 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.
9. 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:
2026.09.16
20:08:27 +0530
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