Bombay High Court
ADITYA SHARAD SHINDEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail is granted to the applicant subject to a Rs.30,000 bond and standard conditions.
Summary
The applicant, Aditya Sharad Shinde, sought regular bail in a case (Crime No. 19 of 2025) where he was charged under Sections 103, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he was present near the co‑accused auto‑rickshaw driver who transported the dead body of the victim, and argued that he might abscond or influence witnesses. The defence highlighted that the primary allegation was against the co‑accused, the applicant had no prior criminal record, and he had been in custody for over a year awaiting trial. The court examined the charge‑sheet, witness statements and CCTV footage, noting the lack of direct reference to the applicant in the prosecution’s witness statements. Considering the applicant’s clean antecedents and the need for trial, the court granted bail on a Rs.30,000 bond with conditions to appear before police, not tamper with evidence, and not influence witnesses.
Issues considered
- Whether the applicant’s alleged presence near the co‑accused justifies denial of bail.
- Whether the risk of absconding or witness tampering exists sufficient to refuse bail.
- Whether the applicant’s lack of antecedents and prolonged pre‑trial detention warrant granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 238, 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 103
- Section 238
- Section 3(5)
- pre‑trial detention
- witness tampering
- bond
Judgment
25-BA-159-2026 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 159 OF 2026
Aditya Sharad Shinde …..Applicant
versus
The State of Maharashtra …..Respondent
_________________________________________________________________
Mr. Vaibhav Chandanshive, Advocate for Applicant.
Mr. Prashant P. Jadhav, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 23rd APRIL, 2026.
P.C. :
1. By this application, the applicant is seeking regular bail in
Crime No. 19 of 2025 registered with Sant Tukaram Nagar Police Station,
District Pune, for the offences punishable under Sections 103, 238 and
3(5) of the the Bharatiya Nyaya Sanhita, 2023.
2. It is prosecution's case that the applicant was sitting near
co-accused – auto rikshaw driver, in whose rickshaw, after the murder, the
dead body of the deceased was carried.
3. It is contention of learned counsel for the applicant that the
allegations against the applicant are that he was sitting with the rickshaw
Digitally
signed by
SHUBHADA
driver. The applicant is behind bars for more than one year and three
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date:
2026.04.27 months. The applicant has no antecedents. It may take time to conclude
19:37:17
+0530
the trial, and requested to allow the application.
Page 1 of 3
25-BA-159-2026 (CR).doc
Shubhada S Kadam
4. It is contention of learned APP that the applicant was actively
involved in the commission of the crime. The CCTV footage produced on
record shows that the applicant was sitting near the co-accused-who was
driving the auto rickshaw. If the applicant is released on bail, he may
abscond or threaten the prosecution witnesses, and requested to reject the
application.
5. I have heard both learned counsel, perused charge-sheet and
documents produced on record. From the statement of the witness, it
appears that the main allegation is against the co-accused. There is no
reference to the applicant in the statement of the prosecution witness. It is
alleged that the dead body of the deceased was carried to YCM Hospital in
the auto rickshaw of the co-accused and the applicant was sitting near the
rikshaw driver. To prove the allegations against the applicant, trial is
required. The applicant has no antecedents. He is behind bars for more
than one year and three months. Considering these facts, I pass following
order:
ORDER
(i) The applicant be enlarged on bail in Crime No. 19 of 2025
registered with Sant Tukaram Nagar Police Station, District
Pune, on executing P.R.Bond in the sum of Rs.30,000/- with
one or two sureties in the like amount.
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25-BA-159-2026 (CR).doc
Shubhada S Kadam
(ii) The applicant shall attend the concerned police station as and
when required.
(iii) The applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person
concerned with the case.
The application is allowed in the aforesaid terms and is
accordingly disposed of.
6. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
Page 3 of 3
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