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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 309(6), 331(3), 331(7), 351(2), 395
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
1 of 3
30. CRI BA-1571-26.odt
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
2 of 3
30. CRI BA-1571-26.odt
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
3 of 3
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.