Bombay High Court

KANCHAN ALIAS KALPESH SHRIMANT SALVEversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: SACHIN S DESHMUKH

Holding

The court granted bail to the applicant, finding no justification for continued detention.

Summary

The applicant, Kanchan Alias Kalpesh Shrimant Salve, sought regular bail for offences under sections 55 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, arising from Crime No. 377/2025 registered at Gondi Police Station, Jalna. The FIR was lodged against unknown persons and the applicant’s name does not appear in it; he was implicated only through the statement of a co‑accused. The applicant had no prior criminal record. The prosecution argued that the applicant was complicit, while the defence highlighted the lack of direct evidence and the pending trial’s extensive witness list, which would likely cause an unreasonable delay. The court noted that the investigation was complete, a charge‑sheet had been filed, and continued detention was not justified. Consequently, the court exercised its discretion in favour of the applicant and granted bail with conditions.

Issues considered

Whether bail should be granted when the accused is implicated solely on the basis of a co‑accused's statement and has no prior criminal record.
Whether the anticipated length of the trial and number of witnesses justify release on bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 55, 61(2)

Subjects

bail
criminal procedure
co‑accused statement
no prior record
trial delay
Bharatiya Nyaya Sanhita

Judgment

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       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

             948 BAIL APPLICATION NO. 2525 OF 2025

Kanchan Alias Kalpesh Shrimant Salve           ….Applicant

VERSUS

The State of Maharashtra                       …..Respondent

Mr. S. P. Mahale, Advocate for Applicant.
Smt. R. R. Tandale, APP for the State.

                              CORAM : SACHIN S. DESHMUKH, J.
                              DATE  : 23rd JANUARY, 2026.
PER COURT :


1.      Applicant has preferred this application seeking regular bail

in connection with Crime No. 377/2025 registered with Gondi Police

Station, Dist. Jalna, for the offences punishable under sections 55,

61(2) of Bharatiya Nyaya Sanhita, 2023.



2.    On 07.11.2025, informant, who is a Police Sub-inspector,

received application from one Gangadhar that a conspiracy is being

hatched to commit murder of a socially influencial person.     Upon

such application, First Information Report came to be lodged against

unknown persons.
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3.    Learned Counsel for the Applicant submits that name of the

Applicant does not appear in the First Information Report. Applicant

is implicated in the crime only on the basis of statement of the co-

accused. There are no criminal antecedents against the Applicant.

Hence, prayed to enlarge the Applicant on bail.



4.    Per contra, learned APP vehemently opposed the Application by

submitting that Applicant is involved in a serious crime. Name of the

Applicant appears in the statement given by the co-accused which

indicates complicity of the Applicant in the crime. Hence, prayed to

reject the application.



5.    Upon considering submissions of both sides, and on perusal of

the material on record, including charge-sheet, prima facie it is

evident that the First Information Report is registered against

unknown persons. Applicant is arraigned as accused in the crime

only on the basis of the statement of the co-accused. There are no

criminal antecedents against the Applicant.



6.    Nevertheless, investigation in the crime is complete for all

intent and purposes. Charge-sheet is also filed. Having regard to the
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number of witnesses which the prosecution proposes to examine, it is

very unlikely that the trial can be commenced and concluded within

a reasonable period. As such, further detention of the Applicant as

an under trial prisoner, in the circumstances of the case does not

seem to be either warranted or justifiable. I am, therefore, persuaded

to exercise the discretion in favor of the Applicant.



7.          Hence, the following order :-

                                        ORDER

     (i)          Application is allowed.
     (ii)         Applicant Kanchan Alias Kalpesh Shrimant Salve, be
     released on bail, on furnishing P.R. bond in the sum of Rs.
     50,000/- (Rs. Fifty Thousand) with one or two local solvent
     sureties, in the like amount, in connection with Crime No.
     377/2025 registered with Gondi Police Station, Dist. Jalna, for
     the offences punishable under sections 55, 61(2) of Bharatiya
     Nyaya Sanhita, 2023., on the following conditions :-
            (a)     The Applicant shall not pressurize the prosecution
            witnesses and tamper with the prosecution evidence, in
            any manner.
            (b)     The Applicant shall attend the trial on each and
            every date unless exempted by the Trial Court and shall
            not leave the area of jurisdiction of the concerned Police
            Station till conclusion of the trial.
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      (c)     The Applicant shall submit Aadhar and Pan Cards
      to the Investigating Officer and detailed address and
      phone numbers of the Applicant and two of the near
      relatives.
      (d)     In case of breach of any of the conditions by the
      Applicant, it is open for the prosecution to move this
      Court seeking cancellation of bail.


  (iii)     Needless to state that, nothing stated hereinabove shall
  be construed as an expression on merits of the case. Learned
  Trial court shall proceed independently and uninfluenced by
  the observations made hereinabove.


                                            (SACHIN S. DESHMUKH, J.)

dyb

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