Bombay High Court
SURESH UTTAM KALEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant on the condition of a Rs. 30,000 bond and compliance with stipulated conditions.
Summary
The applicant, Suresh Uttam Kale, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for alleged offences under IPC Section 395 and Indian Railways Act Section 174 relating to a robbery in 2018. He was arrested in 2025 based primarily on confessional statements of four co‑accused and a discrepancy between the FIR number in the charge sheet and the FIR lodged. The prosecution could not establish a direct nexus between the applicant and the robbery, and the court noted the arrest was largely on apprehension. Considering the delay, lack of substantive evidence, and reliance on co‑accused statements, the court found merit in granting bail. The bail was granted on a bond of Rs. 30,000 with sureties and several reporting and non‑interference conditions, and the application was disposed accordingly.
Issues considered
- Whether bail should be granted when the arrest is based on delayed apprehension and confessional statements of co‑accused without direct evidence linking the applicant to the offence.
- Whether the discrepancy in FIR numbers and lack of nexus in the complaint affect the validity of the charge and justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code, 1860 — s. 395
- Railways Act — s. 174
Subjects
- bail
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- IPC 395
- Indian Railways Act 174
- delay in arrest
- confessional statements
- FIR discrepancy
Judgment
28. BA-3239-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3239 OF 2026
Suresh Uttam Kale .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Ms. Shradha K. Nakadi, Advocate for Applicant
Ms. Anuja S. Gotad, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 31, 2026
P. C.:
1. Heard Ms. Nakadi, learned Advocate for Applicant and Ms.
Gotad, learned APP for State.
2. This is an Application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 279
of 2018 registered with Nashik Road Railway Police Station for the
offence punishable under Section 395 of the Indian Penal Code, 1860
(for short "IPC") and Section 174 of the Indian Railways Act.
3. According to the prosecution case, the offence had taken place
in the year 2018 in the intervening night on 05.07.2018 and
06.07.2018. Applicant is arrested after an unexplained delay on
19.03.2025 on the basis of the confessional statement of four other
accused persons who were apprehended by the prosecution and who
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have named the Applicant to be one of the members in the incident of
the year 2018.
4. Prima facie, there is discrepancy in the lodgment of FIR number
given in the chargesheet and the FIR which has been lodged by the
prosecution which is seen by the Court. Learned APP was specifically
directed on 18.08.2026 to take instructions on the same. Today,
learned APP is unable to throw any light whatsoever save and except
to state that Applicant was a part of group of the persons who had
committed robbery in the year 2018 and therefore he has been
arrested in the year 2025. The complaint which has been filed by the
original complainant on 06.07.2018 with Nashik Road Railway Police
Station does not give any lead whatsoever for indictment of the
Applicant neither it establishes the nexus of the Applicant to the
alleged robbery which had taken place in the year 2018. The arrest of
the Applicant prima facie seen by the Court is on the basis of
apprehension and the modus operandi of the Applicant in similarly
placed cases and a confessional statement of a co-accused.
5. In view of the above, Applicant has made out a case for grant of
bail on the ground of aforesaid reasons since his arrest is purely based
on apprehension that Applicant may have been part of the group of
persons who may have carried out the robbery in the year 2018. In
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that view of the matter, Applicant is released on bail on the following
terms and conditions:-:-
(i) Applicant is directed to be immediately released from
prison in connection with C.R. No. 279 of 2018;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 30,000/- (Rs. Thirty
Thousand Only) with one or two sureties in the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Nashik Road Railway Police Station, once every month
on the first Sunday of the month between 10:00 a.m. to
12:00 p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence with any of the witnesses
or tamper with the evidence in any manner;
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(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
6. Needless to state that the above observations will not come in
the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
7. Bail Application is allowed and disposed of in the above
terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.08.31
15:13:05 +0530
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