Bombay High Court
MAHENDRA @ ANKIT PRATP GYANENDRA SINHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court allowed the bail application, granting regular bail with a personal bond and sureties subject to conditions.
Summary
Mahendra @ Ankit Pratp Gyanendra Sinh was charged under IPC Sections 394, 397 read with Section 34 for a robbery on 2 August 2022. He had been in custody for over three years with no significant progress in the trial. The prosecution argued that he was a habitual offender, not a resident of Maharashtra, and might abscond or tamper with witnesses if released. The defense contended that the prolonged pre‑trial detention violated his right to liberty and that bail was appropriate. The Court, noting the undue delay and lack of trial progress, granted regular bail on a personal bond of Rs.50,000 with two local sureties, subject to conditions not to influence evidence or witnesses. The trial court was directed to continue the trial independently of this order.
Issues considered
- Whether the accused is entitled to regular bail despite the seriousness of the offences and his alleged habitual offender status
- Whether the prolonged pre‑trial detention of over three years warrants the grant of bail
- Whether the conditions imposed are sufficient to prevent the accused from tampering with evidence or influencing witnesses
Legislation cited
- Indian Penal Code, 1860 — s. 34, 394, 397
Subjects
- bail
- robbery
- IPC
- habitual offender
- trial delay
- surety
- Criminal Procedure Code
Judgment
25-BA-3198-2025.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3198 OF 2025
Mahendra @ Ankit Pratp Gyanendra Sinh … Applicant
Versus
The State of Maharashtra … Respondent
Digitally signed
NILAM by NILAM
SANTOSH
SANTOSH
KAMBLE ________________________________________________________
KAMBLE Date: 2026.01.16
15:34:46 +0530
Mr.Sainath S. Baji a/w Mr.Satish Shukla, Mr.Aditya Gole i/b Mr.Ravi
Dwivedi, for the Applicant.
Mr.B.B. Kulkarni, APP for Respondent-State.
Mr.Mohan Bahadkar, PSI, Khalapur Police Station, District-Raigad.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 13th JANUARY, 2026
P.C. :
. By this Application, Applicant is seeking regular bail in
Crime No.247 of 2022 registered with Khalapur Police Station,
District-Raigad, for the offences punishable under Sections 394, 397
read with Section 34 of the Indian Penal Code, 1860 (‘IPC’ for short).
2. It is prosecution’s case that, on 2nd August 2022 at around
00.15 hours, the Applicant and co-accused way laid car of the First
Informant on Mumbai Pune Express Way and robbed him.
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25-BA-3198-2025.doc
N.S.Kamble
3. It is contention of learned counsel for the Applicant that, the
Applicant is behind bar for more than 3 years. There is no progress in
trial. It may take time to conclude trial, and requested to allow the
Application.
4. It is contention of learned APP that, the Applicant has
antecedents. He is habitual offender. The charge is framed. He is not
resident of Maharashtra. There is progress in trial. If Applicant is
released on bail, he may abscond or threaten prosecution witnesses, and
requested to reject the Application.
5. I have heard both learned counsel. Perused charge-sheet and
documents produced on record.
6. The Applicant is behind bar the more for than 3 years.
There is no progress in trial. It may take time to conclude the trial.
7. Considering these facts, I pass following order.
ORDER
(i) The Applicant-Mahendra @ Ankit Pratp
Gyanendra Sinh be released on bail in Crime No.247 of
2022 registered with Khalapur Police Station, District-
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25-BA-3198-2025.doc
N.S.Kamble
Raigad, on furnishing PR bond of Rs.50,000/- with one or
two local sureties in the like amount.
(ii) The Applicant shall not tamper with the evidence
and/or influence the prosecution witnesses.
(iii) The Trial Court shall decide the case on its own
merits and in accordance with law, uninfluenced by the
observations made in this order.
(iv) Application is allowed in the aforesaid terms.
(SHIVKUMAR DIGE, J.)
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