Bombay High Court
AKSHAY PUNDALIK KHANDBHORversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant under Section 483 BNSS, subject to strict conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the accused Akshay Pundalik Khandbhor, who was charged with multiple serious offences including murder, attempt to murder, and offences under the Arms Act. The applicant had been in custody for over one year and seven months without trial, and the court noted that his alleged participation in an unlawful assembly and prior absconding could not, by themselves, preclude bail. The court observed that the applicant’s name was not mentioned in the original FIR and that co‑accused had already been released on bail, indicating a prima facie case for bail. Relying on the provisions of Section 483 BNSS and the principle of liberty pending trial, the judge ordered the applicant’s release on bail with a cash bond of Rs.25,000 and several reporting and conduct conditions. The order expressly limited its observations to bail and did not address the merits of the underlying criminal charges.
Issues considered
- Whether bail can be granted under Section 483 of the BNSS for offences punishable with death or life imprisonment.
- Whether the applicant’s alleged absconding and participation in an unlawful assembly justify denial of bail.
- Whether the lack of the applicant’s name in the FIR and the bail of co‑accused affect the bail decision.
Legislation cited
- Arms Act — s. 4(25), 4(27)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 143, 147, 148, 149, 302, 324, 326, 34, 504, 506
Subjects
- bail
- Section 483 BNSS
- pre‑trial detention
- serious offences
- absconding
- conditions of bail
- Maharashtra
Judgment
77.BA.2067.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2067 OF 2026
Akshay Pundalik Khandbhor .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Aniket Nikam a/w. Ms. Abhilasha Pawar, Advocates for
Applicant.
Ms. Shilpa G. Talhar, APP for Respondent – State.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 22, 2026.
P.C.:
1. Heard Mr. Nikam, learned Advocate for Applicant and Ms.
Talhar, learned APP for Respondent – State.
2. This is an Application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in
connection with C.R.No.270 of 2024 registered with Vadgaon Maval
Police Station, District Pune for offences punishable under Sections
302, 326, 324, 504, 506, 34, 143, 147, 148 and 149 of the Indian
Penal Code, 1860 and Sections 4(25) and 4(27) of the Arms Act. The
First Information Report is filed on 06.06.2024 and Applicant came to
be arrested on 04.03.2025.
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3. Applicant has been a part of an unlawful assembly on the
date of the incident on 05.06.2024. Though he has been arrested on
04.03.2025, since he was absconding, the mere fact of absconding
cannot be held against the accused for considering his case for grant of
bail. On merits, it is prima facie seen that the actual incident in
question was preceded by two earlier incidents wherein the assault
took place.
4. Precise role attributed to Applicant before me is that he had
used a stick for committing the assault. Applicant's name is not
mentioned in the first FIR either. That reference is through the
unknown person named therein. However, in that case then, TIP has
been conducted, but Applicant has not been identified. Similarly placed
co-accused Nos.5 and 6 have been enlarged on bail. Applicant is
incarcerated for the past more than 1 year 7 months pending trial.
Trial has not commenced. I am therefore inclined to accept the
submissions advanced by Advocate Mr. Nikam and consider the
Application for bail on parity.
5. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Akshay Pundalik Khandbhor is directed to
be immediately released from prison in connection with
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77.BA.2067.2026.doc
CR. No.270 of 2024;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five
Thousand only) with one or two sureties in the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Vadgaon Maval Police Station, once every month, on
the first Sunday of the month between 10:00 a.m. to
12:00 p.m. until commencement of trial and thereafter
shall attend all dates of hearing before the Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(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
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current residential address and mobile telephone
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number and shall forthwith inform the Investigating
Officer of any change in his residential address or
mobile telephone number, as and when such change
occurs; and
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
6. 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.
7. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.09.22
20:25:50 +0530
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