Bombay High Court
YASH PRADIP MOREversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant on the ground of parity and lack of sufficient evidence linking him to the offence.
Summary
The High Court considered the bail application of Yash Pradip More, accused No.3 in a case where six persons were charged based on CCTV footage and a panchanama, while the FIR listed ten named individuals whose names did not match the footage. The applicant’s counsel highlighted the discrepancy and argued that there was no adequate evidence linking the applicant to the crime. The court noted a prior bail order granted to Accused No.1, Chandrakant @ Chandu Narayan Tahkik, whose involvement was deemed greater, and applied the principle of parity to the present applicant. Finding that the applicant had no antecedents and that the evidence against him was insufficient, the court concluded that bail was warranted. Consequently, the bail application was allowed with specific conditions, and the applicant was ordered to be released on a bond of Rs. 50,000.
Issues considered
- Whether the applicant is entitled to bail despite being named as Accused No.3 in the charge sheet
- Whether the principle of parity with a co-accused who was previously granted bail applies
- Whether the evidence (CCTV footage and panchanama) is sufficient to justify continued detention
Subjects
- bail
- parity principle
- insufficient evidence
- criminal procedure
- conditions of bail
Judgment
45 ba 1568 of 2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1568 OF 2026
Yash Pradip More,
Age : 21 years, Occu. : Nil,
Residing at Daheagon, Tal. : Rahata,
District : Ahilyanagar.
(At present in Nashik Jail) .. Applicant
Versus
The State of Maharashtra,
Through MIDC Sinner Police Station,
District – Nashik,
Vide C.R. No. 120 of 2025 .. Respondent
....................
Mr. Kuldeep U. Nikam a/w. Mr. Om N. Latpate and Mr. Samadhan
H. Ghumare, Advocate for Applicant.
Ms. Shilpa G. Talhar, APP for the Respondent – State.
Mr. R. H. Gaikwad, MIDC Sinnar Police Station, Nashik Rural,
present.
................…
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 11, 2026
P. C.:
Digitally
signed by
1. Heard Mr. Nikam, learned Advocate for the Applicants and Ms.
RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER Date:
2026.08.11
Talhar, learned APP for the Respondent–State.
20:26:59
+0530
2. The Applicant before the Court is arraigned as Accused No. 3.
The prosecution has arraigned six accused persons on the basis of
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there having been seen in the CCTV footage and their presence having
been recorded in the panchanama. However, a clear dichotomy has
been brought to the notice of the Court by Mr. Nikam, learned
Advocate, while drawing my attention to page no. 44, which is the
First Information Report (“FIR”, for short). Prima facie it is recorded
therein that there were 10 persons, who have been specifically named,
and the names are not in consonance with the names of the person
found in the CCTV footage. In fact, on the basis of there being no
adequate evidence, the additional four persons have not even been
arraigned/framed.
3. Save and accept the aforesaid reason, there is no other reason
for implication of the accused in the crime. On the ground of parity,
Mr. Nikam has placed on record the order dated 8 th July, 2026 passed
in Criminal Bail Application 4214 of 2025, in the case of Accused No.1
namely, Chandrakant @ Chandu Narayan Tahkik, whose prima facie
role, as seen from the contents of the statements recorded is much
more than that of the Applicant before this Court. In that view of the
matter, on the ground of parity itself, the Applicant deserves to be
granted bail. Therefore the Application stands allowed.
4. In that view of the matter, Applicant has made out a case for
grant of bail. Applicant has also no antecedents. In view of the above
the following order is passed:-
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:: O R D E R ::
(i) Applicant is directed to be immediately released from
prison in connection with Crime No. 120 of 2025;
(ii) Applicants are directed to be released on bail on
furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty Thousand only),
with one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at MIDC
Police Station, Sinner, Nashik, once every month on the first
Monday between 10:00 a.m. to 12:00 p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically exempted
and will not take any unnecessary adjournments, if he does so, it
will entitle the prosecution to apply for revocation of this order;
(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;
(vii) Applicant shall keep the Investigating Officer informed of
his current address and mobile contact number and / or change
of residence or mobile details, if any, from time to time, as
applicable; and
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(viii) Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
5. Bail Application is allowed and disposed of in the above
terms.
Rajeshri Aher [ MILIND N. JADHAV, J. ]
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