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Bombay High Court

ANIL ANKUSH KALEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail is granted to the accused on execution of a personal bond with sureties, subject to standard conditions.

Summary

The applicant, Anil Ankush Kale, was charged under Sections 394 and 397 of the Indian Penal Code for a robbery allegedly committed on 7 December 2022. He has been in custody for more than three years with no substantive progress in the trial, and the Test Identification Parade was conducted only after the Court’s direction, which the Court found to have no evidentiary value. The prosecution argued that the stolen amount was recovered, the identification parade had identified the applicant, and that bail could enable the applicant to threaten witnesses. The defence contended that the prolonged pre‑trial detention violated the right to a speedy trial and that the identification parade was ineffective. The Court, noting the inordinate delay, the lack of evidentiary weight of the identification parade, and the applicant’s right to bail, ordered that bail be granted on execution of a Rs 30,000 personal bond with one or two sureties, subject to conditions. The order expressly limited the bail terms to preventing tampering with evidence or influencing witnesses and left the trial to proceed on its merits.

Issues considered

  • Whether the prolonged pre‑trial detention of over three years justifies granting bail despite the seriousness of the offences under Sections 394 and 397 IPC.
  • Whether the Test Identification Parade conducted after three years has any evidentiary value for the purpose of bail determination.
  • Whether the risk of the accused influencing witnesses outweighs the right to bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • identification parade
  • robbery
  • IPC Section 394
  • IPC Section 397
  • criminal procedure
  • trial delay
  • surety

Judgment

                                                                               21-BA-2305-2025.doc


                      Shubhada S Kadam


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                         BAIL APPLICATION NO. 2305 OF 2025

                      Anil Ankush Kale                                        … Applicant/s
                       Versus
                      The State of Maharashtra                                … Respondent/s

                      _________________________________________________________________
                      Ms. Pooja Phagnekar, Advocate for the Applicant.
                      Mr. S. S. Pednekar, APP for Respondent-State.
                      PSI-V. B. Maskar, Shikrapur Police Station, Pune Rural, present.
                      _________________________________________________________________

                                                          CORAM       :   SHIVKUMAR DIGE, J.
                                                          DATE        :   4th MARCH, 2026.
                      P.C. :

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

                      Crime No. 1114 of 2022 registered with Shikrapur Police Station, District

                      Pune, for the offences punishable under Sections 394 and 397 of the

                      Indian Penal Code 1860.

                      2.         It is prosecution’s case that on 7 th      December 2022, the

                      applicant and co-accused barged into the shop of the first informant and

                      robbed an amount of Rs. 10,000/- by assaulting the first informant and

                      others with sickle.

         Digitally    3.         It is contention of learned counsel for the applicant that the
         signed by
         SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM    Date:        applicant is behind bars for more than three years, yet there is no progress
         2026.03.06
         18:30:47
         +0530


                                                      Page 1 of 3
                                                           21-BA-2305-2025.doc


Shubhada S Kadam


in the trial. Test Identification Parade was not conducted. Hence, requested

to allow the application.

4.         It is contention of learned APP that the robbed amount is

recovered at the instance of the applicant. Test Identification Parade is

conducted and the applicant is identified. If the applicant is released on

bail, he may threaten the prosecution witnesses and requested to reject the

application.


5.         I have heard both learned counsel, perused charge sheet and

documents produced on record. The Test Identification Parade is

conducted after three years of the incident, that too, after the directions of

this Court, so the said Test Identification Parade has no evidentiary value.

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

progress in the trial. Considering these facts I pass the following order:


                                   ORDER

        (i) The applicant be enlarged on bail in Crime No. 1114 of 2022

            registered with Shikrapur Police Station, District Pune, on

            executing P.R.Bond in the sum of Rs.30,000/- with one or two

            sureties in the like amount.

        (ii) The applicant shall attend the concerned police station as and

            when required.



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                                                         21-BA-2305-2025.doc


Shubhada S Kadam


        (iii) The applicant shall not tamper with the evidence or attempt to

            influence or contact the complainant, witnesses or any person

            concerned with the case.

           The application is allowed in the aforesaid terms and is

accordingly disposed of.

6.         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.

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




                                               (SHIVKUMAR DIGE, J.)




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