Bombay High Court
GANESH @ KEDAR NANASAHEB GAIKWADversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to the conditions imposed by the court.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Ganesh @ Kedar Nanasaheb Gaikwad, who had been in custody for 4 years and 9 months for alleged extortion and related offences under multiple IPC sections, the Arms Act and the Maharashtra Money‑Lending Act. The prosecution alleged that the applicant was part of a gang that threatened a complainant to recover a loan of Rs 20 lakhs, although the money had not been transferred. The court noted that three co‑accused had already been released on bail and that the applicant’s role was similar, establishing parity. It also observed the likelihood of a protracted trial given the number of witnesses and the applicant’s long pre‑trial detention. Accordingly, the court granted bail with a personal bond of Rs 75,000 and several conditions, while expressly reserving its right to cancel bail for any breach.
Issues considered
- Whether bail should be granted to the applicant under Section 483 of the BNSS, 2023 considering the length of pre‑trial detention, parity with co‑accused, and the nature of the offences.
Legislation cited
- Arms Act — s. 3(25)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code, 1860 — s. 143, 147, 149, 364-A, 365, 386, 452, 506(2)
- Maharashtra Money Lending (Regulation) Act, 2014 — s. 39
Subjects
- bail
- pre‑trial detention
- extortion
- parity
- criminal procedure
- BNSS
- IPC
- Arms Act
- Money Lending Act
Judgment
2.BA.3347.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3347 OF 2026
Ganesh @ Kedar Nanasaheb Gaikwad .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Ms. Vrushali Maindad a/w. Ms. Manali Sawant, Advocate for
Applicant.
Mr. Yogesh M. Nakhwa, APP for Respondent – State.
PSI – Ms. Tejashri Mhashale, Sangvi Police Station present.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 02, 2026.
P.C.:
1. Heard Ms. Maindad, learned Advocate for Applicant and Mr.
Nakhawa, learned APP for Respondent – State.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in
connection with C.R. No.271 of 2021 registered with Sangvi Police
Station, Pimpri, Pune on 30.07.2021 for the offences punishable under
Sections 364-A, 365, 386, 452, 506(2), 143, 147 and 149 of the Indian
Penal Code, 1860 (for short ‘IPC’); Section 3(25) of the Arms Act and
Section 39 of the Maharashtra Money Lending (Regulation) Act, 2014.
3. In the present case, charge-sheet has already been filed.
Applicant is arrested on 07.12.2021. Role of the Applicant, even
1 of 4
2.BA.3347.2026.doc
according to the prosecution is that he was one of the gang members
who had threatened the Complainant to part with an amount of Rs.20
Lakhs, which the Complainant had originally borrowed from one of the
persons known to the accused persons. Though that transaction had
partly fructified, Applicant was known to the other accused persons
who were involved and therefore the complaint for extortion came to
be filed indicting him.
4. Record shows that accused Nos.3, 4 and 5 have already been
enlarged on bail. The role of the Applicant is no different than the
other accused persons. Admittedly, despite the extortion demand, the
money has not changed hands. Hence on parity also Applicant deserves
to be enlarged on bail.
5. Considering the long incarceration of the Applicant for 4
years and 9 months and there being no possibility of the trial
concluding in the near future and the prosecution desiring to examine
probable 19 witnesses, the trial is likely to take considerable time.
6. Hence in that view of the matter, the learned Advocate for
the Applicant has made out a case on parity and long incarceration for
release on bail of the Applicant.
7. In view of above prima facie observations and finding, Bail
Application of Applicant is allowed subject to the following terms and
conditions:-
2 of 4
2.BA.3347.2026.doc
(i) Applicant – Ganesh @ Kedar Nanasaheb Gaikwad is
directed to be immediately released from prison in
connection with CR. No.271 of 2021;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.75,000/- (Rs. Seventy Five
Thousand only) with one or two sureties of the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Sangvi Police Station, once every month, on the first
Monday 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) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
3 of 4
2.BA.3347.2026.doc
(vii) Applicant shall keep the Investigating Officer informed
of their current residential address and mobile
telephone number and shall forthwith inform the
Investigating Officer of any change in their residential
address or mobile telephone number, as and when such
change occurs; and
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
8. 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.
9. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.09.02
18:56:40 +0530
4 of 4
Checking your session…