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Bombay High Court

OMKAR KRUSHAN MAGARversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant subject to the conditions specified by the court.

Summary

The High Court considered a bail application filed by Omkar Krushna Magar under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with CR No. 366 of 2025, which alleged his involvement in a crime by providing a mobile phone, SIM card and a vehicle to co‑accused after the incident. The prosecution alleged political rivalry as a motive but failed to produce prima facie evidence directly linking the applicant to the offence. The applicant had been incarcerated for over eight months, had no prior criminal record, and his wife had recently given birth. The court noted that the charge‑sheet did not sufficiently demonstrate his participation or conspiracy and therefore found a case for bail. Consequently, bail was granted subject to a series of conditions, and the court clarified that its observations were limited to bail and not on the merits of the case.

Issues considered

  • Whether the prosecution has established prima facie evidence of the applicant's participation or conspiracy to warrant denial of bail under Section 483 B.N.S., 2023.
  • Whether bail should be granted to the accused given the nature and seriousness of the charges and the political context.
  • Whether the conditions imposed on bail are appropriate and sufficient to ensure the applicant's compliance with the trial process.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • prima facie evidence
  • political rivalry
  • Section 483 Bharatiya Nagarik Suraksha Sanhita
  • multiple offences
  • Arms Act
  • Maharashtra Police Act
  • conditions of bail

Judgment

                                                                          36.BA.2475.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO.2475 OF 2026

              Omkar Krushna Magar                                    .. Applicant
                         Versus
              The State of Maharashtra                               .. Respondent
                                      ....................
               Mr. Veerdhawal Deshmukh a/w. Mr. Ameyprasad Atigre, Advocates
                for Applicant.
               Mr. Sukanta A. Karmakar, APP for Respondent – State.
               Mr. Kuldeep Patil a/w. Ms. Saili Dhuru and Mr. Anay Joshi,
                Advocates for Original Complainant / Intervenor.
               Dr. Vishal Nehul, Dy.S.P., SDPU, Khalapur.


                                           ...................

                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 08, 2026
              P.C.:

              1.       Heard Mr. Deshmukh, learned Advocate for Applicant; Mr.

              Karmakar, learned APP for Respondent and Mr. Patil, learned

              Advocate for Original Complainant / Intervenor.


              2.       This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.366 of 2025 registered with Khopoli Police Station for offences

              punishable under Sections 103(1), 61(2), 189(1), 189(4), 190,

              191(3), 238(a), 49, 58, 249 of the Bharatiya Nyaya Sanhita, 2023

              Indian Penal Code, 1860; Sections 3, 4 and 25 of the Arms Act, 1959;

              Sections 37(1)(3) and 135 of the Maharashtra Police Act, 1951.



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3.        At the outset, Mr. Deshmukh submits that the name of the

Applicant is required to be corrected as ‘Omkar Krushna’. He would

submit that inadvertently, the name ‘Krushna’ is incorrectly stated as

‘Krushan’. Amendment is permitted to be carried out forthwith in the

presence of the Court. Amendment is carried out by Mr. Deshmukh. It

is permitted     and endorsed by the Court.              Re-verification stands

dispensed with.


4.        On 29.08.2026, after hearing the Applicant and the

Complainant’s Advocates the following order was passed:-

     “1. I have heard Mr. Deshmukh, learned Advocate appearing for
     Applicant. The Applicant seeks bail. He has one of the accused person
     in the crime. According to Mr. Deshmukh, involvement of the
     Applicant on the date and time of the incident is not evident at all.
     He would submit that his indictment is on the basis of the charge that
     he provided one mobile phone, one SIM card and a vehicle
     (Mahindra Thar) registered in his name to the other co-accused
     persons after commission of the crime. Though at first blush it may
     appear very simple but there are always contours and overtures to
     such kind of incidents. The reason and motive for providing the three
     above things needs to be seen or investigated to prima facie
     determine the complicity of Applicant. The prosecutor prima facie
     submits that this being a political fallout, he would like to the
     appropriate instructions from the I.O. who is not present today with
     regards to the extent of intent or involvement of the Applicant.
     2.    Mr. Patil appearing on behalf of the complainant would submit
     that he would also take appropriate instructions and since he has
     been asked to appear for the first time today, he has requested the
     Court to adjourn the matter. Applicant is incarcerated for more than
     8 months. Applicant is 29 years old and has no antecedents.
     Applicant’s wife has delivered a child in the month of March this year
     and he has not seen the face of the baby as yet as apprised by Mr.
     Deshmukh.
     3.    Mr. Deshmukh would further submit that the Applicant has
     been successfully running a business of land development in Raigad
     area. I direct the prosecution to take appropriate instructions qua the
     material which has been collected and point out the precise role of
     the Applicant or attributed to the Applicant by prosecution to the
     extent of his involvement in the present crime.


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     4.    In view of the request made by Mr. Deshmukh, the present
     application will be treated as a part-heard and will be heard on 8 th
     September 2026.”


5.        The prosecution is armed with instructions today. However,

with regard to the directions and specific case noted by the Court qua

provision made of the three things by the Applicant to the other co-

accused person after commission of the crime, the same is not being

amplified further with reasons at all.


6.        There is no doubt when Mr. Patil submits that the incident in

question occurred 15 days after the elections were over and there was

a political rivalry between two groups which may have possibly led to

the unfortunate incident but to link the Applicant’s specific role from

the material that is collected by the prosecution and the charge-sheet

which is filed, save and except what is stated in paragraph No.1 of the

previous order his complicity or he being one of the conspirators would

have to be shown by the prosecution either directly or indirectly from

the record. That not having been shown, the applicant has made out a

case for grant of bail.


7.        Considering the aforesaid, Applicant is granted bail subject

to following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No. 366 of 2025;


          (ii) Applicant is directed to be released on bail on

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     furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty

     Thousand only) with one or two surety / sureties of the

     like amount;

(iii) Applicant shall not enter the jurisdiction of Khopoli

     until the conclusion of the trial;

(iv) Applicant shall report to the Investigating Officer at the

     concerned Police Station, once every month on the first

     Monday of the month between 10:00 a.m. to 12:00

     p.m.;

(v) Applicant shall co-operate with the conduct of trial and

     attend the Trial Court on all dates, unless specifically

     exempted     and    will   not   take   any    unnecessary

     adjournments, if he does so it will entitle the

     prosecution to apply for revocation of this order;

(vi) Applicant shall not leave the State of Maharashtra

     without prior permission of the Trial Court;

(vii) Applicant shall not influence any of the witnesses or

     tamper with the evidence in any manner;

(viii)Applicant shall keep the Investigating Officer informed

     of his current address and mobile contact number and /

     or change of residence or mobile details, if any, from

     time to time, as applicable; and

(ix) Any infraction of the conditions shall entail cancellation

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                                               of bail granted to the Applicant.

               8.                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.


               9.                Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                                            [ MILIND N. JADHAV, J. ]


                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.09.08
                            15:05:15 +0530




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