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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

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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