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Bombay High Court

LAKHANSINGH RAJPUTSINGH DUDHANIversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant under the conditions specified.

Summary

The High Court of Bombay considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Lakhansingh Rajputsingh Dudhani, who was in custody for a year for alleged theft, robbery, and house breaking under several sections of the Bharatiya Nyaya Sanhita, 2023. The court noted that the prosecution's case was purely circumstantial, with no eyewitnesses, the FIR not naming the applicant, and no identification parade having been conducted. The co‑accused had already been released on bail, establishing parity. Relying on these facts, the court found that the applicant's continued detention was unwarranted and granted bail with specific conditions. The order directed immediate release upon furnishing a bond of Rs. 15,000 and imposed reporting, non‑tampering, and travel restrictions. The bail was granted without prejudice to the trial.

Issues considered

  • Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 when the evidence is purely circumstantial and the FIR does not name the accused.
  • Whether the principle of parity with co‑accused already released on bail warrants the release of the applicant.
  • Whether the lack of an identification parade and eyewitness testimony affects the justification for continued detention.

Legislation cited

Subjects

  • bail
  • circumstantial evidence
  • identification parade
  • parity
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • Section 483
  • Section 331
  • Section 309
  • Section 351
  • Section 115
  • Section 395

Judgment

                                                                     30. CRI BA-1571-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO. 1571 OF 2026

           Lakhansingh Rajputsingh Dudhani                 .. Applicant
                      Versus
           State of Maharashtra                            .. Respondent
                                      ....................
            Ms. Savvy Kolhekar i/by Mr. Aniket Vagal, Advocates for Applicant
            Ms. Sangita E. Phad, APP for State
            Mr. Sarjerao Pujari, PSI, Jejuri Police Station
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 21, 2026
           P. C.:

           1.       Heard Ms. Kolhekar, learned Advocate for Applicant and Ms.

           Phad, learned APP for State.


           2.       This is an Application under Section 483 of Bharatiya Nagarik

           Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 311

           of 2025 registered with Jejuri Police Station, Pune for alleged offences

           punishable under Sections 331(7), 309(6), 331(3), 351(2), 115(2)

           and 395 of Bharatiya Nyaya Sanhita, 2023 (for short "BNS").


           3.       Applicant in the present Application is arraigned as accused No.

           1. The other two co-accused have already been released on bail.

           Charge against the Applicant is of theft, committing robbery and house

           breaking of the informant's house. Admittedly, the record shows that

           the evidence against the Applicant and other accused persons is purely


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circumstantial, since neither the informant nor any person in the

house have seen the faces of the accused persons. Applicant is in

custody for the past one year. The Applicant is not even named in the

FIR. The FIR is registered against unknown persons and the test

identification parade has also not been conducted. Merely on the basis

of suspicion, the accused persons have been indicted. In that view of

the matter, on the ground of parity, case has been made out by the

learned Advocate for Applicant for grant of bail. Hence, the Applicant

is released on bail on the following terms and conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with C.R. No. 311 of 2025;

          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen

                Thousand only) with one or two sureties in the like

                amount;

          (iii) Applicant shall report to the Investigating Officer at

                Jejuri Police Station, Pune once every month on the

                first Sunday of the month 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


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                                         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

                                  (viii)Any infraction of the conditions shall entail cancellation

                                         of bail granted to the Applicant.

           4.           Needless to state that the above observations will not come in

           the way of trial as they are prima facie in nature based on the

           submissions made and the material placed before this Court.


           5.           Bail Application is allowed and disposed of in the above terms.




Amberkar                                                        [ MILIND N. JADHAV, J. ]

                      Digitally signed
                      by RAVINDRA
           RAVINDRA   MOHAN
           MOHAN      AMBERKAR
           AMBERKAR   Date:
                      2026.09.21
                      15:00:04 +0530




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