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Bombay High Court

ABDUL GAFFAR KURBAN KHANversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail was granted to the applicant on the condition of a personal bond and sureties.

Summary

The applicant, Abdul Gaffar Kurban Khan, was charged under IPC sections 302, 307, 120(b), 212, 201 r/w 34 and Arms Act sections 3, 5, 25 and 27 for allegedly murdering a person and attempting to kill his brother. He had been in custody for over three years with no progress in the trial, while co‑accused facing similar charges were released on bail. The applicant argued lack of antecedents and invoked the principle of parity to seek regular bail. The State contended that the applicant might abscond or tamper with witnesses. The Court noted that conspiracy must be proved by evidence, the applicant had no prior record, and parity justified bail, imposing conditions to prevent interference with the investigation. Consequently, bail was granted on a personal bond of Rs.30,000 with sureties and strict conditions.

Issues considered

  • Whether the applicant is entitled to regular bail despite charges of murder, attempt to murder and conspiracy
  • Whether the risk of absconding or witness tampering outweighs the principle of parity with co‑accused released on bail

Legislation cited

Subjects

  • bail
  • conspiracy
  • murder
  • IPC
  • Arms Act
  • parity
  • antecedents
  • witness tampering

Judgment

                                                                                   3-BA-2040-2025 (CR) .doc


                             S.S.Kilaje


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION
                                            CRIMINAL BAIL APPLICATION NO. 2040 OF 2025

                             Abdul Gaffar Kurban Khan                                 … Applicant
                              Versus
                             The State of Maharashtra                                 … Respondent
                             _________________________________________________________________
                             Mr.Satish Muley a/w. Mr. Mosin Naik, Advocates for the Applicant.
                             Smt. Ranjana D. Humane, APP for the Respondent-State.
          Digitally signed
                             D.M.Lokhande, Yeola City Police Station, Nashik Rural present.
          by SONALI
SONALI SATISH
       KILAJE
SATISH Date:
KILAJE 2026.02.02
       10:22:39
                             _________________________________________________________________
          +0700




                                                                   CORAM      :   SHIVKUMAR DIGE, J.
                                                                   DATE       :   28th JANUARY, 2026.
                             P.C. :

                             1.            By this application, the Applicant is seeking regular bail in

                             C.R.No. 198 of 2022 registered with Yeola City Police Station, Nashik, for

                             the offences punishable under Sections 302, 307, 120(b), 212, 201 r/w. 34

                             of Indian Penal Code, 1860 (for short “IPC”) and Section 3, 5, 25 and 27 of

                             Arms Act.

                             2.            It is prosecution’s case that on 05.07.2022, the applicant and

                             co-accused murdered the deceased by shooting him from pistol and fired at

                             his brother with intention to kill them.

                             3.            It is contention of learned counsel for the applicant that

                             applicant is behind bars for more than three years. There is no progress in

                             the trial. The allegations against the applicant are of conspiracy. He has

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S.S.Kilaje


no antecedents.        The co-accused having similar allegations have been

released on bail. Hence applicant is entitled for bail on the principle of

parity and requested to allow the application.

4.           It is contention of learned APP that the applicant conspired to

kill the deceased with co-accused.     If the applicant is released on bail, he

may abscond or threaten prosecution witnesses. Hence, requested to reject

the application.

5.           I have heard both the learned counsel. Perused chargesheet

and documents produced on record. The allegations against the applicant

are of conspiracy. To prove conspiracy evidence is required. The applicant

has no antecedents. The co-accused having similar allegations have been

released on bail. Hence, applicant is entitled for bail on the principle of

parity. In view of above, I pass following order.

                                       ORDER

                i.     The applicant be enlarged on bail in C.R.No. 198 of

                       2022 registered with Yeola City Police Station,

                       Nashhik, on executing P.R.Bond of Rs. 30,000/- on

                       furnishing one or two sureties in the like amount.

                ii.    The applicant shall attend the concerned police station

                       as and when required.

                iii.   The applicant shall not tamper with the evidence or


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S.S.Kilaje


                      attempt to influence or contact the complainant,

                      witnesses or any person concerned with the case.

6.           The application is allowed in the aforesaid terms and is

accordingly disposed of. All pending applications, if any, disposed of.

7.           It is made clear that the above observations are made only for

the purpose of granting bail and the Trial Court shall decide the case on its

own merits in accordance with law and uninfluenced by the observations

made in this order.

8.           All concerned to act on the authenticated copy of this order.



                                                (SHIVKUMAR DIGE, J.)




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