Bombay High Court

DATTA BHAGWAT KUTEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED
Bench: SACHIN S DESHMUKH

Holding

The court held that bail may be granted as the sole reliance on a witness statement does not justify continued detention and the applicant has no prior criminal antecedents, subject to conditions.

Summary

The applicant, Datta s/o Bhagwat Kute, was arrested for alleged theft of stainless steel wire valued at Rs.99,000 and charged under Sections 3(5) and 303(2) of the Bhartiya Nyaya Sanhita, 2023. The prosecution's case rests primarily on the testimony of a single witness, Narayan Solanki, while the stolen items were recovered through a co-accused. The applicant contended that he was falsely implicated and has no prior criminal record, seeking regular bail. The respondent argued that the witness statements and the filing of a charge sheet demonstrate the applicant's complicity. The court held that reliance on a solitary witness statement is insufficient to justify continued detention, especially in the absence of any antecedent criminal conduct, and therefore exercised its discretion to grant bail with stringent conditions. Accordingly, the applicant was released on bail upon furnishing a cash and surety bond of Rs.50,000 and complying with attendance and non‑tampering conditions.

Issues considered

Whether the applicant is entitled to regular bail despite the prosecution's reliance on a single witness statement under Sections 3(5) and 303(2) of the Bhartiya Nyaya Sanhita, 2023
Whether the nature of the offences and the evidence presented preclude the grant of bail

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 3(5)

Subjects

bail
Bhartiya Nyaya Sanhita
Sections 3(5)
Section 303(2)
witness testimony
regular bail
theft
criminal procedure

Judgment

2026:BHC-AUG:7274
                                                            Bail Appln.No.162/2026
                                           :: 1 ::




                    IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                BENCH AT AURANGABAD


                           BAIL APPLICATION NO.162 OF 2026


            Datta s/o Bhagwat Kute                        … APPLICANT
                    VERSUS
            The State of Maharashtra & anr.               … RESPONDENTS

                                              .......
            Mr. K.R. Doke, Advocate for applicant
            Mrs. P.V. Diggikar, A.P.P. for respondents
                                              ....…

                                   CORAM : SACHIN S. DESHMUKH, J.
                                   DATE     : 17th FEBRUARY, 2026

            PER COURT :


            1.         The applicant seeks release on regular bail in

            connection with Crime No.002/2026, registered with Bhoom Police

            Station, District Dharashiv for the offences punishable under

            Sections 3(5) and 303(2) of the Bhartiya Nyaya Sanhita, 2023.


            2.         The prosecution case is that, the applicant along with

            co-accused committed theft of 18 bundles of stainless steel wire,

            totally valued at Rs.99,000/- from the Songiri Camp .


            3.         Learned counsel for the applicant submits that, the
                                                 Bail Appln.No.162/2026
                                :: 2 ::


applicant has been falsely implicated in the case. The applicant

was arrested on 12/1/2026 and subsequently the recovery of the

stolen property is also made. In that view of the matter, further

incarceration of the applicant in custody would be unjustified. As

such, prayed to allow the application.


4.         Per contra, learned A.P.P. vehemently opposed the

application, contending that the complicity of the present applicant

is evident since there are witnesses to the incident and the same is

before filing of the Charge Sheet. As such, the application does not

deserve consideration.


5.         Having heard the learned counsel for both the sides and

upon perusal of the record including charge sheet, indicates that,

all the alleged articles are recovered at the instance of the co-

accused. The present applicant is arraigned as accused only on

the basis of statement of the witness namely Narayan Solanki, who

had allegedly seen the applicant stealing the goods. However, the

statement and its veracity can be tested during the trial and cannot

be used as a sole basis to continue detention of the applicant,

particularly when there are no criminal antecedents to his discredit.


6.         Thus, I am inclined to exercise discretion in favour of
                                                            Bail Appln.No.162/2026
                                      :: 3 ::


the applicant, however, by imposing stringent conditions.


7.              Hence the following order :


                                   ORDER


(i)           Bail Application is allowed.

(ii)          The applicant Datta s/o Bhagwat Kute be released on bail
              on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty
              Thousand) with one solvent surety of the like amount in
              the above crime, on the conditions that :

        (a)         The applicant shall not tamper with the prosecution
                    witnesses in any manner.
        (b)         The applicant shall remain present on each date,
                    unless exempted by the trial Court.
        (c)         The applicant shall attend the concerned Police
                    Station every Saturday between11.00 a.m. and 1.00
                    p.m. till filing of the charge sheet.

(iii)         Needless to state that, the observations rendered herein
              are confined to the present application, and the trial Court
              shall decide the trial on its own merits and in accordance
              with law.



                                          (SACHIN S. DESHMUKH, J.)



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