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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

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.


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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.




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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


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                                        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




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