Bombay High Court

SACHIN NANDUPRASAD KUMARversusTHE STATE OF MAHARASHTRA

Decided: 31 July 2026
Disposal: Allowed
Bench: ASHWIN D BHOBE

Holding

The court held that the applicant is entitled to bail as the material on record does not prima facie establish his participation in the murder.

Summary

The applicant, Sachin Nanduprasad Kumar, was arrested in connection with a murder case (CR No. 407 of 2025) in which his co‑accused, Sameer Jadhav, allegedly killed his wife and burned the body. The prosecution’s case against the applicant rests mainly on a confession made by Jadhav while in police custody, alleging that the applicant helped destroy the body. The applicant’s counsel argued that the evidence is purely circumstantial and does not link him to the murder, and that the confession alone is insufficient to deny bail. The State contended that the applicant was seen with the co‑accused on the date of the incident and assisted in evidence destruction. The court examined the record and found no prima facie material showing the applicant’s participation in the homicide, concluding that continued detention was unnecessary. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was allowed subject to conditions.

Issues considered

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the nature of the allegations.
Whether a co‑accused’s confession, without corroborative evidence, is sufficient to deny bail.
Whether alleged involvement in destruction of evidence warrants denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 483
Bharatiya Nyaya Sanhita — s. 103(1), 238(a), 3(5)

Subjects

bail
circumstantial evidence
confession
destruction of evidence
murder
criminal procedure
regular bail

Judgment

                                                    31-BA-3017-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
           CRIMINAL BAIL APPLICATION NO. 3017 OF 2026
Sachin Nanduprasad Kumar                                : Applicant.
      Versus.
The State of Maharashtra                                : Respondent.
                             -----
Mr. Machchhindra Bodke, Advocate for the Applicant.
Mr. Ameet Palkar, APP for the Respondent/State.
PSI Shital Thembe, Rajgad Police Station, Pune.
                         -------

                            CORAM : ASHWIN D. BHOBE, J.

                             DATED : 31st JULY 2026
PC:-
[[




1.       Heard Mr. Machchhindra Bodke, learned Advocate for the

Applicant and Mr. Ameet Palkar, learned APP for the Respondent-

State.


2.       By this Application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the Applicant seeks Regular Bail
in connection with CR No. 407 of 2025, dated 08.11.2025,
registered at Rajgad Police Station, Pune, for offences punishable
under Sections 103(1), 238(a) read with Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023.

3.       Mr.      Machchhindra   Bodke,   learned    Advocate   for    the
Applicant, states that there are two Accused in the present crime.
He states that Sameer Jadhav is Accused No. 1, whereas the



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                                                    31-BA-3017-2026.DOC


Applicant is Accused No. 2. He states that Crime No. 407 of 2025 is
registered as Sessions Case No. 339 of 2026 and is pending before
the Court of the Additional Sessions Judge 9, Pune (“Trial Court”).

4.       In brief, the prosecution case is that Sameer Jadhav

(Accused No. 1) murdered his wife, Anjali (deceased), as he

suspected she was in an illicit relationship with someone else. After

committing the murder, the body of the deceased was burned.


5.       The Applicant was arrested on 15.01.2026. Criminal Bail

Application No. 945 of 2026 filed by the Applicant was rejected by

the Trial Court on 29.05.2026.


6.       Mr.      Machchhindra   Bodke,   learned    Advocate   for   the
Applicant, submits that the prosecution's case is based on
circumstantial evidence. He submits that there is no material on
record indicating the Applicant's involvement in the present crime.
He submits that the Applicant has been incriminated on the basis
of a confession made by Accused No. 1 while in police custody. To
clarify, he states that Accused No. 1 alleged that the Applicant had
assisted in destroying the body of the deceased.

7.       Mr. Ameet Palkar, learned APP for the Respondent-State,
submits that the material on record indicates that Accused No. 1
committed the murder of the deceased. He submits that the
Applicant was seen with Accused No. 1 on the date of the incident.
He submits that Applicant (Accused No. 2) assisted Accused No. 1
in the destruction of evidence.



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                                                 31-BA-3017-2026.DOC


8.       Perused the records.

9.       The material on record, prima facie, does not indicate that
the Applicant participated in the crime, i.e. in the murder of the
deceased. Though, Mr. Ameet Palkar, learned APP for the
Respondent-State, submits that the Applicant was seen with
Accused No. 1 on the date of the incident, the material on record
does not indicate the Applicant's involvement in the murder of the
deceased.

10.      The Applicant is apparently arrayed in Crime No. 407 of
2025 based on a statement made by Accused No. 1 while in police
custody. Even taking Accused No. 1's statement at face value, the
Applicant's involvement, if any, would relate to destruction of
evidence.

11.      The Applicant has been in jail since 15.01.2026.

12.      Considering the aforesaid circumstances, the Applicant has
made out a case for bail. Confinement of the Applicant in jail
pending trial in Sessions Case No. 339 of 2026 is not necessary.

13.      In view of the above, this Bail Application is allowed on the
following conditions :-

             (a)      Applicant is directed to be released on bail in
             connection with C.R. No. 407 of 2025 registered with
             Rajgad Police Station, Dist. Pune, upon furnishing a P.R.
             Bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand
             only) with one or two sureties, in the like amount, to the
             satisfaction of the Trial Court in Sessions Case No. 339 of
             2026.


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                                               31-BA-3017-2026.DOC


        (b)      Applicant shall not, directly or indirectly, make
        any inducement, threat or promise to any person
        acquainted with the facts of the case to dissuade that
        person from disclosing the facts to the Court or any
        police officer and shall not tamper with evidence.

        (c)      Applicant shall, within three (3) days of his
        release from jail, provide to the Investigating Officer,
        Rajgad Police Station, District Pune, his residential
        address with proof, the contact numbers and must
        inform the Investigating Officer about the change in the
        same from time to time.

        (d)      Applicant shall appear, report and attend before
        the Investigating Officer, Rajgad Police Station, Pune, on
        the 2nd Monday of each month from 10.00 a.m. to 1.00
        p.m. until further orders from the Trial Court.

        (e)      Applicant shall regularly appear before the Trial
        Court in Sessions Case No. 339 of 2026, as and when the
        matter is fixed, unless specifically exempted. If the
        Applicant absents himself from appearing before the
        Trial Court on the date fixed, the same would be
        considered as a breach of this condition and the Trial
        Court would be at liberty to pass appropriate orders.

        (g)      Applicant    shall    not    leave   the   State    of
        Maharashtra     without       prior   permission     of     the
        Investigating Officer in writing.




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                                                              31-BA-3017-2026.DOC


                14.     The observations made in the present order are meant for
                the purpose of deciding the Bail Application and would not have
                any impact or effect on the trial.

                15.     Criminal Bail Application No. 3017 of 2026 is disposed of.




                                                            (ASHWIN D. BHOBE, J.)
           Digitally
           signed by
           VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA   BONDE
BONDE      Date:
           2026.08.01
           11:49:06
           +0530




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