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Bombay High Court

MANGESH @ SAGAR SHARAD RAHATALversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail is granted to the applicant subject to stringent conditions.

Summary

The applicant, Mangesh @ Sagar Sharad Rahatal, was charged under multiple IPC sections including murder (302) in a dispute between two families that escalated to the use of weapons. He had been in custody for over two years while all other co‑accused had been released on bail. The applicant contended that the FIR statements were prima facie inconsistent with a police constable’s report regarding the discovery of the victim’s body, and argued that parity with the co‑accused warranted his release. The court examined the seriousness of the offences, the length of pre‑trial detention, the contradictory statements, and the fact that a co‑accused of greater involvement had been granted bail. Finding that the applicant’s continued incarceration was unwarranted and that bail could be safely imposed with strict conditions, the court granted bail. The order expressly limited its observations to bail and did not address the merits of the case.

Issues considered

  • Whether bail should be granted to the accused in a murder case involving multiple serious offences under the IPC.
  • Whether the alleged contradictions between the FIR and the police constable’s statement constitute a prima facie ground for bail.
  • Whether parity with co‑accused who have been released on bail mandates the applicant’s release.

Legislation cited

Subjects

  • bail
  • Section 439
  • murder
  • IPC
  • prima facie evidence
  • parity
  • pre‑trial detention
  • bail conditions

Judgment

                                                                7.BA.3461.2026.doc

Ajay

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 3461 OF 2026

       Mangesh @ Sagar Sharad Rahatal                     .. Applicant
             Versus
       State of Maharashtra                               .. Respondent
                                  ....................
        Mr. Aniket Vagal a/w. Mr. Savvy Kolhekar and Ms. Juhi Kadu,
         Advocates for Applicant.
        Mr. Amit A. Palkar, APP for Respondent – State.
                                    ......…...........

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE         : SEPTEMBER 16, 2026.

       P.C.:

       1.         Heard Mr. Vagal, learned Advocate for Applicant and Mr.

       Palkar, learned APP for Respondent – State.


       2.         This is an Application under Section 439 of Bharatiya

       Nagarik Suraksha Sanhita, 2023 seeking regular Bail in connection

       with C.R.No.161 of 2024 registered with Wavi Police Station, District

       Nashik for offences punishable under Sections 302, 326, 324, 323,

       143, 147, 148, 149, 504 and 427 of the Indian Penal Code, 1860 (for

       short ‘IPC’).


       3.         Applicant is indicted in a crime for committing murder

       alongwith 12 other accused persons. All other accused persons have

       been enlarged on bail save and except the Applicant. Role attributed

       to the Applicant as per the FIR is on the basis of Applicant having used

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a wooden log lying nearby to assault the deceased victim.


4.        Briefly stated, a quarrel took place between the Rahatal and

the Admane family, who were neighbors and in that quarrel, fist blows

were initially exchanged which escalated to such an extent that

wooden sticks, iron rods and wooden logs lying around were used to

assault each other.


5.        However, the statement of the police constable who had

gone to inquire pursuant to the initial quarrel between the same

parties on the very day of the incident is to the contrary. The said

statement is annexed at page No.96 of the Application and it states

that after the initial quarrel between the two families, a police

complaint was lodged and the police were called and when he went to

inquire about the state of affairs, at that time, the police constable was

approached by a child witness, who informed him about the

whereabouts of the body of the deceased victim lying behind the

house/structure where the families were residing.


6.        In that view of the matter, the statements made in the FIR

are prima facie contrary to the statement which has been recorded

when the victim's body found by the police constable. That apart,

Applicant is incarcerated for more than 2 years and 5 months. The trial

will take an unduly long period of time to commence and for that

matter, conclude.


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7.        The role of the co-accused, namely Accused No.2 is far

greater than Applicant before me and he has been enlarged on bail.

The bail order being on page No.253 of the Application persuades me

to consider the case of Applicant to be enlarged on bail on parity.


8.        Hence, in view of above prima facie observations and

findings, Bail Application of Applicant is allowed subject to the

following terms and conditions:-


          (i)   Applicant –    Mangesh @ Sagar Sharad Rahatal is

                directed to be immediately released from prison in

                connection with CR. No.161 of 2024;


          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five

                Thousand only) with one or two sureties in the like

                amount;


          (iii) Applicant shall report to the Investigating Officer at

                Wavi 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,



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              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;


         (vii) Applicant shall keep the Investigating Officer informed

              of his current residential address and mobile telephone

              number and shall forthwith inform the Investigating

              Officer of any change in his 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.


9.       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



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                              hereinabove in this order.


                              10.       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:
           2026.09.16
           20:06:41 +0530




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