Created by Fuzzy Cloud

Bombay High Court

GOPAL MANGILAL PAWARversusSTATE 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 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Gopal Mangilal Pawar, accused No.7 in a case of counterfeit currency under Sections 179, 180 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The allegation against him stemmed solely from an uncorroborated confessional statement of co‑accused No.5, with no counterfeit notes or other incriminating material recovered from Pawar and his name absent from the FIR. The court observed that the prima facie material was weak and therefore the applicant was entitled to bail. Accordingly, bail was granted on a personal bond of Rs. 25,000 with sureties and a series of conditions, including monthly reporting to the investigating officer and restrictions on travel and witness tampering. The order expressly limited its observations to bail and noted that the trial would proceed on the merits of the evidence.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the uncorroborated confessional statement and lack of material evidence.
  • Whether the nature of the prima facie evidence justifies continued custody of the accused.

Legislation cited

Subjects

  • bail
  • counterfeit currency
  • uncorroborated evidence
  • Section 483 BNSS
  • criminal procedure
  • conditions of bail
  • presumption of innocence

Judgment

                                                                 82.BA.2917.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 2917 OF 2026

       Gopal Mangilal Pawar                                  Applicant
                                                          .. (Org. Accused No. 7)
             Versus
       State of Maharashtra                               .. Respondent

                                 ....................
        Mr. Priyal G. Sarda a/w Mr. Shubham Sudam Sane, Advocates for
         Applicant
        Ms. Shilpa G. Talhar, APP for State
                                    ......…...........

                                    CORAM : MILIND N. JADHAV, J.
                                    DATE        : SEPTEMBER 22, 2026.

       P.C.:

       1.        Heard Mr. Sarda, learned Advocate for Applicant and Ms.

       Talhar, learned APP for 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. 793/2025 registered with Malegaon Taluka

       Police Station, Nashik for the offences punishable under Sections 179,

       180 & 3(5) of the Bharatiya Nyaya Sanhita, 2023. Applicant came to

       be arrested on 18.12.2025.


       3.        The applicant is arraigned as accused No. 7 in the present

       crime. His name has been disclosed during investigation in the

       statement of accused No. 5 wherein he has stated that the Applicant is


                                                                               1 of 4
                                                      82.BA.2917.2026.doc


the manufacturer of the counterfeit currency notes which have been

seized by the prosecution from the other co-accused persons.

Admittedly, Applicant was in custody at the relevant time when the

other co-accused persons were apprehended and arrested with the

counterfeit currency notes.


4.        There is no recovery whatsoever of any counterfeit currency

notes made from Applicant or any incriminating material unearthed by

the prosecution qua the Applicant before me pursuant to investigation.

Neither does the Applicant's name figure in the FIR dated 30.10.2025.


5.        Considering the nature of the prima facie material and

evidence placed before me and indictment of the Applicant being made

on the basis of uncorroborated statement of accused No. 5 which is a

confessional statement, the Applicant has made out a case for grant of

bail.


6.        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 is directed to be immediately released from

                prison in connection with CR. No. 793/2025;


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

                furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five



                                                                  2 of 4
                                               82.BA.2917.2026.doc


     Thousand only) with one or two sureties in the like

     amount;


(iii) Applicant shall report to the Investigating Officer at

     Malegaon Taluka Police Station, once every month, on

     the first Monday 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

     number and shall forthwith inform the Investigating

     Officer of any change in their residential address or

     mobile telephone number, as and when such change



                                                           3 of 4
                                                                                       82.BA.2917.2026.doc


                                             occurs; and


                                        (viii)Any breach or infraction of any of the aforesaid

                                             conditions shall entail cancellation of the bail granted to

                                             the Applicant.


                              7.        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.


                              8.        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
           20:40:52 +0530




                                                                                                   4 of 4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.