Bombay High Court
GOPAL PUNDALIK KANGANEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court granted bail to the applicant, holding that the prosecution had not demonstrated sufficient grounds to deny bail.
Summary
The High Court of Bombay considered a bail application filed by Gopal Pundalik Kangane, accused No.9 in a case involving offences under the Bharatiya Nyaya Sanhita, 2023, including grievous hurt and forgery. The applicant was alleged to have used forged ration cards in bail bonds, but the prosecution offered no evidence of monetary gain or prior criminal history. The court noted that similar co‑accused had been released on bail and that the applicant had been in custody for over a year and nine months without antecedents. Relying on Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 439 of the Code of Criminal Procedure, the judge held that bail should be granted pending trial. The applicant was ordered to furnish a personal bond of Rs.15,000 with one surety and to comply with standard bail conditions, while the court clarified that no merits of the case were decided.
Issues considered
- Whether bail can be granted to an accused charged with offences under Sections 319(2), 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 on the basis of alleged use of forged ration cards.
- Whether the applicant's lack of antecedents and the absence of proven monetary benefit justify bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 439 of the CrPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 340(2), 3(5)
- Code of Criminal Procedure, 1973 — s. 439
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- Section 439
- forgery
- ration card fraud
- grievous hurt
Judgment
Digitally
signed by
MEERA
MEERA MAHESH 37-ba-1653-26.doc
MAHESH JADHAV
JADHAV Date:
2026.09.22
11:30:26
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1653 OF 2026
Gopal Pundalik Kangane .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Vaibhav Chandanshive, Advocate for Applicant.
Ms. Sangeeta E. Phad, APP for Respondent – State.
Mr. Sanjay Bagade, PSI, Wanawadi Police Station, Pune.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 21, 2026
P.C.:
1. Heard Mr. Chandanshive, learned Advocate for Applicant
and Ms. Phad, learned APP for Respondent-State.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 / Section 439 of Code of Criminal
Procedure, 1973 seeking Bail in connection with C.R. No.11 of 2025
registered with Wanawadi Police Station, Pune for offences punishable
under Sections 319(2), 318(4), 338, 336(3), 340(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. Applicant is arraigned as Accused No.9 in the present crime.
The date of offence is 05.01.2025, on which date four Advocates had
submitted certain bail bonds alongwith certain guarantees and
documents appended thereto in the Court. There are total 18 Accused
persons in the present crime. Five of the accused persons have already
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been enlarged on bail and the orders are all placed before me.
4. The prosecution’s case for indicting the present Applicant in
that he had accepted the ration cards from some of the victims and
used the same by appending them to the bail bonds concerned in the
present case. This Court has already released on bail similarly placed
co-accused persons who had in fact forged stamps and attached them
to the bail bonds. One of such order is dated 20.02.2026, which is
placed before me. The Applicant is behind bars for the past more than
one year and nine months. He has no antecedents. The Applicant has
not received any monetary benefit neither it is the case of the
prosecution that he has received so. Save and except the aforesaid case
of having used the fake Ration Cards, I am inclined to accept the
submissions made by the learned Advocate for the Applicant and allow
the present application.
5. Needless to state that complicity of Applicant in the crime
shall be proved at trial with evidence. The Applicant having no
antecedents and it will take a lot of time to conclude the trial, the
Application stands allowed. The Applicant is released on bail.
6. In view of the above the following order is passed:-
(1) Applicant - Gopal Pundalik Kangane is directed to be
immediately released from prison in connection with
Crime No. 11 of 2025;
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(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 15,000/- (Rupees Fifteen
Thousand only) with one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Wanawadi 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
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 with 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
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of bail granted to the Applicant.
7. It is clarified that the observations made in this order are
limited for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
8. Bail Application is allowed and disposed of in the above
terms.
[ MILIND N. JADHAV, J. ]
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