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Bombay High Court

MUKESH ANIL MAGARversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Rejected

Holding

Bail was denied because the accused’s violation of the externment order and his extensive serious antecedents precluded the grant of bail.

Summary

Mukesh Anil Magar applied for bail under Section 439 of the CrPC for offences including murder (Section 302 IPC) and drug offences, alleging that a prior bail granted to a co-accused in a similar case should be a guiding factor. The State contended that the applicant had violated an externment order by entering Nashik district and committing the crime, and highlighted five prior convictions for serious offences. The prosecution’s case described the applicant, along with co-accused, assaulting and stabbing a victim who later died, and detailed the antecedents involving murder, robbery and NDPS violations. The trial court noted that the earlier bail application had been withdrawn and that the applicant’s extensive criminal history and breach of the externment order negated any merit for bail. Consequently, the High Court dismissed the bail application, emphasizing that the trial court must decide the case on its own merits without reliance on the observations made.

Issues considered

  • Whether bail should be granted to the accused under Section 439 of the CrPC despite a breach of an externment order and multiple serious antecedents.

Legislation cited

Subjects

  • bail
  • Section 439
  • externment order
  • antecedents
  • murder
  • NDPS Act
  • criminal procedure
  • serious offences

Judgment

                                                            12 BA-199-2026.DOC
skt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                     BAIL APPLICATION NO. 199 OF 2026
Mukesh Anil Magar                                            …Applicant
               Vs.
State of Maharashtra & Anr.                                  …Respondents


Mr. Mandaar Goswami a/w. Mr. Siddhant Choudhari, for the
Applicant.
Mr.S.V. Walve,APP for the Respondent-State.
Ms. Rekha Musale, for Respondent No.2.

                            CORAM:       MADHAV J. JAMDAR, J.
                            DATE :       31st AUGUST, 2026
P. C.:

1.       Heard Mr. Goswami, learned counsel appearing for the

Applicant, Ms. Musale, learned counsel appearing for Respondent

No. 2 and Mr. Walve, learned APP appearing for the State.


2.       This is the second bail application preferred under Section

439 of the Code of Criminal Procedure, 1973. The relevant details

of the case are given as under :-



         1.      C.R. No.                           516 of 2023
         2.      Date of registration of FIR  17/08/2023
         3.      Name of Police Station       Ambad, District-Nashik
                                              302, 504, 506, 34 &
         4.      Section/s invoked in FIR     25(4) of the Indian
                                              Penal Code (IPC), 1860.
         5.      Section/s applied in Charge- 302, 212, 120B, 504,




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                                               506 & 34 of the Indian
             sheet
                                               Penal Code (IPC), 1860.
      6.     Date of incident                  17/08/2023
      7.     Date of arrest                    18/08/2023
      8.     Date of filing of Charge-sheet    03/11/2023


3.      It is the submission of the Mr. Goswami, learned counsel

appearing for the Applicant that this Court had granted bail to the

Applicant -Ravindra Shantaram Aher (Accused No. 4) by order

dated 5th August, 2024 passed in Criminal Application No. 2749 of

2024 and the role of the present Applicant is similar to that of said

Ravindra Aher.



4.      On the other hand, Ms. Musale, learned counsel appearing

for Respondent No. 2, and Mr. Walve, learned APP state that the

Applicant has committed the offence by breaching the externment

order which was operating against the Applicant at the relevant

time. It is further submitted that there are total five antecedents,

including offences under Section 302 of the Indian Penal Code,

1860 and the Narcotic Drugs and Psychotropic Substances Act,

1985.


5.      The prosecution case is set out in paragraph No. 2 of the

order dated 9th September, 2024 passed by learned Additional


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Sessions Judge, Nashik below Exhibit 12 in Sessions Case No. 5 of

2024, which reads as under :


      “2.    It is alleged by the informant Arun Vairagar that on
      17.8.2023 at about 2:30 pm informant himself and his
      friend Mayur, Tushar Kute, Peer Attar, Piyush Nitare had
      been to the court and thereafter they were came at Samaj
      Mandir, Swami Nagar. There at about 2:30 pm co-accused
      Karan Kaduskar, applicant Mukesh Magar and co-accused
      Ravi Aher came on Splendor motorcycle. Applicant Mukesh
      Magar and co-accused Karan Kaduskar having sharp
      weapon on their waist. Co-accused Karan demanded
      money to Mayur Datir for liquor, on that count, argument
      took place between them. Similarly on count of earlier
      amount exchange of words took place between them due
      to which co-accused Karan got angry. Co-accused Karan
      started to abuse Datir and took out sharp edge weapon
      (Chopper) on his waist and stabbed the Chopper for 5 to 6
      times to Mayur Datir due to which Mayur Datir severely
      injured. Informant attempted to save Mayur Datir but co-
      accused Karan Kaduskar and applicant Mukesh Magar gave
      threat to kill. After that Karan Kaduskar, applicant Mukesh
      Magar and co-accused Ravi Aher ran away from spot on
      motorcycle. People gathered on spot and took Mayur to the
      hospital for treatment but doctor declared him dead. After
      that, informant approached to Ambad police station and




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          lodged the report. On that basis, crime registration no. 516
          of 2023 came to be registered.”

6.         Perusal of the record shows that the crime has been

committed by the present Applicant when he was externed from

District Nashik and by violating the said order, he has entered

District Nashik and committed the crime. There are total five

antecedents against the Applicant (Accused No. 3) as per the

following details :-


     Sr.
              Police Station    F.I.R. No.              Sections
     No.
             Satpura Police                    302, 364, 323, r/w 34 of
      1                      153 of 2018
             Station, Nashik                   IPC
             Satpura Police                    341, 324, 323, 504, 506,
      2                      290 of 2020
             Station, Nashik                   427 r/w 34 of IPC
             Satpura Police                    324, 323, 504, 506 r/w 34
      3                      81 of 2021
             Station, Nashik                   of IPC
             Satpura Police
      4                      122 of 2021       8(c) r/w 27 of NDPS
             Station, Nashik
             Satpura Police
      5                      02 of 2023        326 r/w 34 of IPC
             Station, Nashik

Thus, the antecedents include very serious crime of murder under

Section 302 of IPC and also under N.D.P.S. Act.


7.         The earlier Bail Application has been withdrawn as no case

is made out for grant of bail on merits. This is the second Bail

Application.


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8.    Accordingly, in the facts and circumstances, no case is made

out for grant of bail. The bail application is dismissed.


9.    The observations in this order are made for considering the

present Bail Application. The learned Trial Court shall not be

influenced by any of the observations made hereinabove and shall

decide the case on its own merits.



                                            [MADHAV J. JAMDAR, J.]




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