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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


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                                                        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
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                                                   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


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                                                         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.)




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