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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

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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