Bombay High Court
NILESH RAVINDRA NAGTILAKversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court granted regular bail to the applicant subject to a bond and conditions.
Summary
The applicant, Nilesh Ravindra Nagtilak, was charged with offences including attempt to murder, unlawful assembly, rioting, and violations of the Arms Act and Maharashtra Police Act for allegedly assaulting a victim with a sword on 15 June 2024. He had been in custody for over 20 months with no progress in the trial and claimed no prior criminal record. The prosecution argued that he was directly involved in the assault, posed a risk of absconding, and could intimidate witnesses. The defense highlighted the prolonged pre‑trial detention, lack of antecedents, and the fact that the co‑accused, not the applicant, were primarily implicated. The Court, after considering the delay, the applicant’s clean record, and the need for a speedy trial, granted regular bail on a bond of Rs.30,000 with sureties and imposed conditions to prevent tampering with evidence or contacting witnesses.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the charges under the IPC, Arms Act and Maharashtra Police Act.
- Whether the applicant’s prolonged pre‑trial detention, lack of antecedents, and the absence of trial progress justify bail.
- Whether there is a risk of the applicant absconding or influencing witnesses if released on bail.
Legislation cited
- Arms Act — s. 4(25), 5(27)
- Indian Penal Code, 1860 — s. 143, 147, 148, 149, 307, 34
- Maharashtra Police Act — s. 135, 37(1)(3)
Subjects
- bail
- criminal procedure
- attempt to murder
- unlawful assembly
- rioting
- Arms Act
- Maharashtra Police Act
- pre‑trial detention
- antecedents
Judgment
12-BA-298-2026.doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 298 OF 2026
Nilesh Ravindra Nagtilak … Applicant/s
Versus
The State of Maharashtra … Respondent/s
_________________________________________________________________
Mr. Om Latpate i/b. Mr. Kuldeep Nikam, Advocate for the Applicant.
Mr. M. G. Patil, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 4th MARCH, 2026.
P.C. :
1. By this application, the applicant is seeking regular bail in
Crime No. 500 of 2024 registered with Bharati Vidyapeeth, District Pune,
for the offences punishable under Sections 307, 143, 147, 148, 149 read
with 34 of the Indian Penal Code 1860, Section 4(25) and 5(27) of Indian
Arms Act and Section 37(1)(3) read with Section 135 of the Maharashtra
Police Act.
2. It is prosecution’s case that on 15th June 2024, the applicant
and accused assaulted the son of the first informant with sword with the
intention to kill him.
Digitally
signed by 3. It is contention of learned counsel for the applicant that the
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date:
2026.03.06
applicant is behind bars for more than 20 months, yet there is no progress
18:30:47
+0530
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Shubhada S Kadam
in the trial. The allegation of assault on the injured is against the co-
accused. The applicant has no antecedents and requested to allow the
application.
4. It is contention of learned APP that the applicant was carrying a
sword and he assaulted the injured and his friend with the sword. It shows
his involvement in the crime. If the applicant is released on bail, he may
abscond or threaten the prosecution witnesses and requested to reject the
application.
5. I have heard both learned counsel. Perused charge- sheet and
documents produced on record. It appears from the record that the co-
accused assaulted the injured with sword. The applicant is behind bars for
more than 20 months. There is no progress in the trial. The applicant has
no antecedents. It may take time to conclude the trial. Considering these
facts I pass the following order:
ORDER
(i) The applicant be enlarged on bail in Crime No. 500 of 2024
registered with Bharati Vidyapeeth, District Pune, on executing
P.R.Bond in the sum of Rs.30,000/- with one or two sureties in
the like amount.
(ii) The applicant shall attend the concerned police station as and
when required.
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Shubhada S Kadam
(iii) The applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person
concerned with the case.
The application is allowed in the aforesaid terms and is
accordingly disposed of.
6. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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