Bombay High Court
RAMESH BALU DIKOLEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that, in the absence of independent evidence establishing a prima facie case of abetment, the applicant is entitled to bail.
Summary
The applicant, Ramesh Balu Dikole, was arrested for alleged abetment in the theft of gold jewellery worth over Rs 5.5 crore from a train traveling from Solapur to Mumbai. The prosecution alleged that he conducted a recce and identified co‑accused, relying mainly on statements of co‑accused and the fact that gold was recovered from other accused. The court noted that no independent evidence linked the applicant to the recce; the CCTV footage did not show his presence, and no mobile‑phone location data was produced. Consequently, the court found no prima facie case of abetment against the applicant. The judge therefore ordered his release on bail, subject to a cash bond, sureties, and several attendance and conduct conditions. The bail application was disposed of in favour of the applicant.
Issues considered
- Whether the applicant is entitled to bail despite the prosecution's allegation of abetment in the theft of gold jewellery.
- Whether the evidence on record establishes a prima facie case of abetment against the applicant.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305(c), 317(2), 3(5)
Subjects
- bail
- abetment
- theft
- gold jewellery
- evidence
- prima facie
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
Digitally signed
by SANJAY
SANJAY ASARAM
ASARAM MANDAWGAD
MANDAWGAD Date:
2026.10.03 SA_MANDAWGAD 905 BA 2690-26.DOC
16:58:49 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2690 OF 2026
Ramesh Balu Dikole … Applicant
V/S.
State of Maharashtra and Anr. … Respondents
Dr. Abhinav Chandrachud a/w. Mr. Devendra Agrawal, Pavan
Pandey and Kajal Mishra i/by Prem Kumar R. Pandey, for the
Applicant.
Mr. Vinod Chate, APP for Respondent No.1–State.
Mr. Manish M. Bohra a/w. Mr. Vikas Beugaui for Respondent
No.2.
CORAM: SHYAM C. CHANDAK, J.
DATED : 1st OCTOBER, 2026
P.C. :-
1. Heard learned Counsel for the parties.
2. Mr. Bohra, learned Counsel for the Informant/Respondent
No.2, tenders his reply. It is taken on record in this matter as the
connected B.A. No. 1044 of 2026 filed by Parmeshwar Chagan
Gunjal (A2) has been withdrawn.
3. The applicant seeks his release on bail in connection with
C.R. No. I-1476 of 2025, registered with Kalyan Railway Police
Station, Kalyan, for the offence punishable under Sections 305(c),
317(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita,
2023 (“BNS”), on the report dated 07.12.2025 lodged by
Abhaykumar Madanlal Jain- the informant.
4. The prosecution case is that, on 06.12.2025, the informant
and his daughter sold some gold jewellery to certain jewellers at
Solapur. At about 22:40 hours, they boarded a train at Solapur to
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come to Mumbai. They were carrying two trolley bags containing
gold jewellery worth Rs.5,53,26,380/-.At 06:50 hours, when the
train arrived at Kalyan, the informant found that both the bags
were stolen by some unknown thief. Therefore, the aforesaid crime
came to be registered.
During investigation, police collected CCTV footage from
Solapur, Hadapsar and Lonavala and arrested the applicant. When
the applicant was confronted with the CCTV, he identified his co-
accused persons who had stollen the said bags. Said co-accused
were habitual offenders on polic record. Further, the CCTV footage
were shown to certain Police Patil, who identified six from the
accused persons. Therefore, accused Parmeshwar Chagan Gunjal
(A2) and two other accused came to be arrested. A2 had allegedly
sold 250 grams of stolen gold ornaments to co-accused Sagar
Bhuite and 5o grams of stolen gold ornaments co-accused Sanjay
– related to wanted accused Bharat Kale. Gold weighing 250
grams was recovered from Sagar Bhuite. On completion of
investigation police submitted the charge-sheet. The trial Court
and the Sessions Court declined to release the applicant on bail.
5. Mr. Chate, the learned APP, on instructions from Mr. Anil
Kadam, Senior PI, Kalyan Railway Police Station, stated that total
1150 grams of gold has been recovered so far. Further
investigation is in progress and police will file supplementary
charge-sheet against certain other accused.
6. Insofar as the applicant is concerned, both Mr. Chate, the
learned APP and Mr. Bohra, the learned Advocate for the
informant have submitted that immediately after the arrest of the
applicant he informed that he had done recce and provided the
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information about the informant to his co-accused, thus, he
abetted in this crime. They submitted that the applicant had
identified his co-accused when he was shown the relevant CCTV
footage. Therefore, even if there is no recovery of stolen gold from
the applicant, considering his role and the antecedents, he is not
entitled for bail.
7. However, except the statements co-accused persons that the
applicant abetted in this offence by doing recce, there is no other
independent evidence against the applicant indicating that he had
done the recce to facilitate the commission of this crime.
Admittedly, the said CCTV footage does not show the presence of
the applicant at any of the three places to which that CCTV footage
is related. Similarly, no CDR of the mobile phone of the applicant
is produced to indicate that, when the theft was committed, as per
the mobile phone location, he was in the train or at the place
where the theft occurred. Consequently, it cannot be concluded
that there is a prima facie case against the applicant of having
abetted in this crime as alleged.
8. In the wake of the above, I am inclined to release the
applicant on bail. Hence, following Order:
i) The applicant- Ramesh Balu Dikole be released on bail
in the aforesaid FIR registered with C.R. No. I-1476 of
2025, registered with Kalyan Railway Police Station,
Kalyan, on his executing P.R. Bond in the sum of
Rs.1,00,000/- with one or two sureties in the like
amount.
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ii) The applicant shall mark his attendance at Kalyan
Railway Police Station, Kalyan, on 1st and 16th day of
each calendar month between 11:00 a.m. to 2:00 p.m.
till conclusion of the trial.
iii) The applicant shall regularly attend the proceedings
before the jurisdictional Court unless exempted by the
said Court, for the reasons to be recorded in writing.
iv) The applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence
the prosecution witnesses to prevent them from
deposing against him.
v) On being released from jail, the applicant shall furnish
his contact number and residential address to the
Investigating Officer and shall keep him updated in
case there is any change.
vi) The applicant shall not indulge in identical activities for
which he has been arraigned in this case.
vii) The applicant shall not reside in Solapur District till the
conclusion of trial. However, the applicant is permitted
to attend in the cases pending against him in the
Court/s in Solapur District and to mark his attendance
in the related police station if he has been so directed.
viii) By way of abundant caution, it is clarified that the
observations made hereinabove are confined for the
purpose of determination of the entitlement for bail.
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The trial Court to decide the said case on its own merits
uninfluenced by any of the aforesaid observations.
9. Bail Application stands disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.)
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