Bombay High Court
CHETAN YASHWANT INGALEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to prescribed conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 by Chetan Yashwant Ingale, who had been in custody for three years and two months since his arrest on 06‑07‑2023. He is charged in C.R. No. 64 of 2023 with multiple serious offences under the Indian Penal Code, the Indian Arms Act, the Bombay Police Act and the MCOC Act. The applicant argued that a co‑accused had been granted bail for a similar role and that the trial had not yet commenced despite 63 probable witnesses, making further pre‑trial detention untenable. The Court noted the long incarceration, the lack of trial progress, and the principle of parity, and therefore granted bail subject to a cash bond and several conditions. The bail order was issued, allowing the applicant’s release while the trial proceeds.
Issues considered
- Whether bail should be granted to an accused charged with serious offences under the IPC, Arms Act, Bombay Police Act and MCOC Act after prolonged pre‑trial detention.
- Whether the grant of bail to a co‑accused for a similar role creates a parity requirement for the applicant.
Legislation cited
- Arms Act — s. 3/25, 4/25, 5/25
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bombay Police Act — s. 135
- Indian Penal Code, 1860 — s. 120B, 143, 144, 147, 149, 201, 307, 385, 392
Subjects
- bail
- pre‑trial detention
- parity
- serious offences
- criminal procedure
- BNSS
- IPC
- Arms Act
- Bombay Police Act
- MCOC Act
Judgment
6. BA 3405-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3405 OF 2026
Chetan Yashwant Ingale .Applicant
Vs.
The State of Maharashtra .Respondent
Digitally
signed by
ANAND
ANAND SUDHAKAR Mr. Akshay Bankapur, Advocate, for the Applicant
SUDHAKAR SUDAME
SUDAME Date:
2026.09.08
Mr. Yogesh M. Nakhawa, APP, for the Respondent – State
20:32:59
+0530
CORAM : MILIND N. JADHAV, J.
DATE : 08.09.2026
P. C.
1. Heard Mr. Bankapur, learned Counsel for the Applicant and Mr.
Nakhawa, learned APP for the Respondent – State.
2. This is an Application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with
C.R.No. 64 of 2023 registered with the Satpur Police Station, Nashik
for offences punishable under Sections 307, 143, 144, 147, 149, 385,
392, 120B & 201 of the Indian Penal Code, 1860, under Sections 3/25,
4/25, 5/25 of the Indian Arms Act, under Section 135 of the Bombay
Police Act and under Sections 3(1)(ii), 3(2), 3(4) and 3(5) of the
MCOC Act.
3. Learned Counsel for the Applicant persuades me to consider the
Anand 1 of 3
6. BA 3405-2026.doc
Order dated 07.05.2026 granting bail to a co-accused person who has
been also charged in the present crime for a similar role. Most
importantly, it is submitted that the Applicant is incarcerated for three
years and two months, since his date of arrest i. e. 06.07.2023. The
charge of prosecution even otherwise qua the Applicant before me is
that he was part of the unlawful assembly having committed the
alleged crime and the assault on the victim. There are 63 probable
witnesses that are desired to be examined by the prosecution in the
trial. Charge has been framed but trial has not proceeded further. The
trial not commencing and in that view of the matter not concluding in
the near future is a distinct probability. Hence, I am inclined to
consider release of the Applicant on bail on the ground of long
incarceration as also on parity. The Bail Application stands allowed.
4. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
(i) The Applicant - Chetan Yashwant Ingale be released on
bail in C.R.No. 64 of 2023 registered with the Satpur Police
Station, Nashik for offences punishable under Sections 307, 143,
144, 147, 149, 385, 392, 120B & 201 of the Indian Penal Code,
1860, under Sections 3/25, 4/25, 5/25 of the Indian Arms Act,
Anand 2 of 3
6. BA 3405-2026.doc
under Section 135 of the Bombay Police Act and under Sections
3(1)(ii), 3(2), 3(4) and 3(5) of the MCOC Act on furnishing P. R.
Bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand)
with one or two sureties in the like amount;
(ii) Till conclusion of the trial, the Applicant shall not enter
into the Corporation limits of Nashik City except to attend the
dates before the trial Court;
(iii) The Applicant shall not commit any other crime;
(iv) Liberty is granted to the prosecution to file an Application
for cancellation of bail in case the Applicant commits breach of
any of the above conditions.
5. The Bail Application No. 3405 of 2026 is allowed and disposed
of.
(MILIND N. JADHAV, J.)
Anand 3 of 3
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