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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

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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