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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 179, 180, 3(5)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.