Bombay High Court
ROHIT KAMALAKAR KAMBLEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court granted bail to the applicant, subject to conditions, finding no sufficient ground to deny bail.
Summary
The Bombay High Court considered a bail application under Section 439 of the Criminal Procedure Code filed by Rohit Kamalakar Kamble, who had been in custody since October 2020 for alleged offences including murder, rioting, criminal conspiracy and violations under the Arms Act, Maharashtra Police Act and Maharashtra Control of Organised Crime Act. The applicant had no prior criminal record, no incriminating material was recovered from him, and his alleged involvement was based solely on CCTV footage. Six of the twelve accused, including the alleged gang leader, had already been released on bail, and the applicant had been under trial for nearly six years. The court noted the principle of parity with co‑accused, the lack of concrete evidence, and the undue length of incarceration, and therefore granted bail with standard conditions. The bail order required a personal bond of Rs. 25,000, monthly reporting to the investigating officer, and compliance with various restrictions, with non‑compliance leading to revocation.
Issues considered
- Whether bail should be granted to an under‑trial accused charged with serious offences including murder and organised crime, considering the length of pre‑trial detention.
- Whether the principle of parity with co‑accused already released on bail warrants granting bail to the applicant.
- Whether the lack of incriminating material and reliance on CCTV identification affect the bail decision.
- Whether the provisions of the Maharashtra Control of Organised Crime Act preclude bail in this case.
Legislation cited
- Arms Act — s. 4(25)
- Cr.P.C. — s. 439
- Indian Penal Code — s. 109, 120-B, 143, 147, 148, 149, 201, 302
- Maharashtra Police Act — s. 37(1) read with 135
- MCOC Act — s. 3(1)(i)(ii), 3(2), 3(4)
Subjects
- bail
- undertrial detention
- serious offences
- IPC
- MCOC Act
- parity
- pre‑trial incarceration
- CCTV identification
Judgment
47. BA-1886-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1886 OF 2026
Rohit Kamalakar Kamble .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Vipul Dushing a/w Mr. Tanmay Kate & Mr. Prajyot Shinde,
Advocates for Applicant
Ms. Sangeeta E. Phad, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 28, 2026
P. C.:
1. Heard Mr. Dushing, learned Advocate for Application and Ms.
Phad, learned APP for State.
2. This is an Application under Section 439 of Cr.P.C. seeking Bail
in connection with C.R. No. 1094/2020 registered with Faraskhana
Police Station for the offences punishable under Sections 302, 143,
147, 148, 149, 120-B, 109 and 201 of the Indian Penal Code, 1860
(for short "IPC"); under Section 4(25) of Arms Act; under Section
37(1) read with 135 of Maharashtra Police Act and under Sections
3(1)(i)(ii), 3(2) and 3(4) of MCOC Act. Applicant is arrested on
04.10.2020.
3. Though notice was issued in the month of 29.04.2026, till date
affidavit has not been filed.
1 of 4
47. BA-1886-26.odt
4. There are total 12 accused persons in the present crime, six out
of which are already enlarged on bail. Role attributed to the Applicant
- accused before me is that he was driving a motorcycle along with the
other persons to facilitate the commission of the crime, as also the
other accused. Other than that there is no incriminating article
recovered from the Applicant and his identification is on the basis of
the CCTV footage that has been collected by the prosecution. The gang
leader in the present crime has already been granted bail on
16.01.2024. Applicant is in incarceration as an undertrial for the past
almost six years.
5. The arrest memo prima facie indicates no past criminal record
of the Applicant and therefore notwithstanding application of MCOC
Act, it enures to the benefit of the Applicant. Even otherwise on the
ground of parity, the Applicant is entitled to be released on bail since
the other co-accused person - Lakhan Dhavare has been enlarged on
bail by order dated 10.04.2026 for his alleged role of facilitating the
escape of the assailants from the scene of crime on the motorcycle and
dropping off the other accused persons in an identical manner.
6. Needless to state that complicity of the Applicant in the crime
shall be proved by the prosecution at the time of trial. All questions to
that effect are otherwise kept open.
2 of 4
47. BA-1886-26.odt
7. In view of the above primary observations and findings and
more particularly on the ground of long incarceration and the
ignominy of the trial not being completed in a near foreseeable future,
impels me to allow the present Application. Hence, Applicant is
released on bail on the following terms and conditions:-
(i) Applicant is directed to be immediately released on bail
from prison in connection with C.R. No. 1094/2020;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
only) with one or two sureties in the like amount;
(iii) Applicant shall report to the Investigating Officer at
Faraskhana 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 any of the witnesses or
3 of 4
47. BA-1886-26.odt
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.
8. 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.
9. 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:
2026.09.28
20:44:21 +0530
4 of 4
Checking your session…