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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

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

                    Meera Jadhav                                                                       1 of 4
                                                               37-ba-1653-26.doc


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;

Meera Jadhav                                                                       2 of 4
                                                                  37-ba-1653-26.doc


               (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



Meera Jadhav                                                                          3 of 4
                                                             37-ba-1653-26.doc


                   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. ]




Meera Jadhav                                                                     4 of 4


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