Bombay High Court
MAYURESH AJIT GAMBHIRversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant subject to the conditions specified in the order.
Summary
Mayuresh Ajit Gambhir was arrested in connection with CR No. 21 of 2016, but the grounds of his arrest were not communicated to him as required by the Constitution and the Bharatiya Nyaya Sanhita, 2023; instead, only his mother signed the intimation letter. The applicant’s counsel argued that this violation entitled him to bail. After hearing both sides, the Court was prima facie convinced that the applicant had made out a case for bail, though it could not elaborate on the merits due to time constraints. Accordingly, the Court granted bail subject to a Rs. 50,000 personal bond, reporting requirements, residence restrictions, and prohibitions on tampering with evidence or influencing witnesses. The order expressly limited its observations to bail and noted that the trial will be decided on the evidence alone. The bail application was therefore allowed and disposed.
Issues considered
- Whether the failure to communicate the grounds of arrest to the accused violates statutory and constitutional provisions, warranting bail.
- Whether bail should be granted in the present case subject to conditions.
Legislation cited
Subjects
- bail
- grounds of arrest
- right to be informed
- Bharatiya Nyaya Sanhita
- criminal procedure
- conditions of bail
- trial cooperation
Judgment
P19. BA 2985-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2985 OF 2026
Mayuresh Ajit Gambhir .Applicant
Vs.
The State of Maharashtra .Respondent
Digitally
signed by
ANAND
ANAND SUDHAKAR
SUDHAKAR SUDAME
Mr. Shailesh Kharat a/w. Mr. Bharat Shinde, Mr. Parthraj Ware,
SUDAME Date:
2026.09.11
11:23:30
Mr. Govind Mundhe, Mr. Vinod Kendre i/b. Mr. K. B. Mundhe,
+0530
Advocates, for the Applicant
Mr. Amit A. Palkar, APP, for the Respondent – State
CORAM : MILIND N. JADHAV, J.
DATE : 10.09.2026
P. C.
1. Mentioned. Not on board. Taken on board.
2. Heard Mr. Kharat, learned Counsel for the Applicant and
Mr. Palkar, learned APP for the Respondent – State.
3. The Bail Application No. 2985 of 2026 is taken up for hearing at
the request made by Mr. Kharat. Mr. Kharat would submit that the
Applicant in the present case is also similarly covered with regard to
the fact that grounds of arrest were not communicated to the
Applicant, as mandated by the Constitution and the statutory
provisions under the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
With regard to communication of the grounds of arrest, it is prima facie
Anand 1 of 4
P19. BA 2985-2026.doc
seen that grounds of arrest were not communicated to the Applicant
and only signature of his mother was taken on the intimation letter
which was given to her informing about the grounds of arrest. These
copies are appended at page Nos. 128 & 129.
4. After perusing the record and hearing the learned Prosecutor, I
am prima facie convinced that the Applicant has made out a case for
grant of bail. However, due to paucity of time, I am unable to record
the reasons for grant of bail to the Applicant on merits of the above
issue. For reasons to be recorded later, the Applicant is granted bail
subject to the following conditions.
5. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
(i) Applicant – Mayuresh Ajit Gambhir is directed to be
immediately released from prison in connection with
CR. No. 21 of 2016;
(ii) The Applicant is directed to be released on bail on
furnishing P. R. Bond of Rs. 50,000/- (Rs. Fifty
Thousand only) with one or two sureties in the like
amount;
(iii) The Applicant shall report to the Investigating Officer at
Anand 2 of 4
P19. BA 2985-2026.doc
Poynad Police Station, District – Raigad twice every
month, on the first Monday and third Friday 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) The Applicant shall co-operate with the conduct of the
trial and remain present before the Trial Court on all
dates, unless specifically exempted. The Applicant shall
not seek unnecessary adjournments. Any such conduct
shall entitle the prosecution to apply for cancellation of
bail;
(v) The Applicant shall not leave the State of Maharashtra
without the prior permission of the Trial Court and he
shall deposit his passport with the Trial Court on his
release;
(vi) The Applicant shall not influence any of the witnesses
or tamper with the evidence in any manner;
(vii) The Applicant shall keep the Investigating Officer
informed of his current residential address and mobile
telephone number and shall forthwith inform the
Anand 3 of 4
P19. BA 2985-2026.doc
Investigating Officer of any change in his residential
address or mobile telephone number, as and when such
change occurs;
(viii) Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
6. 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.
7. The Bail Application No. 2985 of 2026 is allowed and disposed
of in the above terms.
(MILIND N. JADHAV, J.)
Anand 4 of 4
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