Bombay High Court
SOMNATH @ SANA RAGHUNATH ZANJARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant subject to the conditions specified in the order.
Summary
The applicant, Somnath @ Sana Raghunath Zanjar, was named in a supplementary statement to FIR No.64 of 2023 for offences including attempt to murder and organised crime, but the statement only alleged that he fled the scene. He had been in custody for over three years while other co‑accused had already been released on bail. The court noted contradictory witness statements regarding the number of participants and the applicant's role, and considered the prolonged pre‑trial detention. Relying on Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court examined whether bail was appropriate given the seriousness of the charges and the evidence. Finding that the applicant’s alleged participation was minimal and that bail had been granted to other accused, the court allowed bail subject to strict conditions, without commenting on the merits of the case.
Issues considered
- Whether bail should be granted to the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the charges.
- Whether the contradictory witness statements and the applicant’s limited alleged role justify bail.
- Whether the length of pre‑trial detention and the fact that co‑accused have been released on bail affect the bail decision.
Legislation cited
- Arms Act — s. 3/25, 4/25, 5/25
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bombay Police Act — s. 135
- Indian Penal Code, 1860 — s. 120(B), 143, 144, 147, 149, 201, 307, 385, 392
- Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(2), 3(4), 3(5)
Subjects
- bail
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- MCOC Act
- IPC offences
- pre‑trial detention
- witness contradictions
- criminal procedure
Judgment
9.BA.3463.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3463 OF 2026
Somnath @ Sana Raghunath Zanjar .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Akshay Bankapur, Advocate for Applicant.
Mr. Sukanta A. Karmakar, APP for Respondent – State.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 16, 2026.
P.C.:
1. Heard Mr. Bankapur, learned Advocate for Applicant and
Mr. Karmakar, learned APP for Respondent – State.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking regular Bail in connection
with FIR No.64 of 2023 registered with Satpur Police Station, District
Nashik for offences punishable under Sections 307, 143, 144, 147,
149, 385, 392, 120(B) and 201 of the Indian Penal Code, 1860 (for
short ‘IPC’); Sections 3/25, 4/25 and 5/25 of the Indian Arms Act;
Section 135 of the Bombay Police Act and 3(1)(ii), 3(2), 3(4) and 3(5)
of the Maharashtra Control of Organised Crime Act, 1999 (for short
‘MCOC Act’).
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3. Applicant is indicted in an offence under Sections for attempt
to murder as also under MCOC Act. There are total 8 accused persons
in the crime, out of which 3 of them have already been enlarged on
bail. Applicant is arraigned as Accused No.3 and he is incarceration for
the past more than 3 years 5 months. The FIR is lodged on 18.03.2023
wherein the Applicant is not named. There is a supplementary
statement which is recorded on 20.03.2023 wherein Applicant is
named, but no role whatsoever is attributed to Applicant with regard
to the assault which was carried out. The only attribute is that after the
entire incident happened, Applicant was one of the persons who
alongwith the other accused persons ran away from the incident site.
4. Statements of witnesses are recorded which are appended
from page No.223 onwards. Reading of the statement of the witnesses
prima facie show dichotomy with regard to the number of people who
were present. Some witnesses have stated that there were 5 to 6
persons who were chasing the Complainant after their car crashed in
view of the enmity of the gang leader namely Accused No.4 with the
Complainant. The witness statement at page No.223 of the
Application, however attributes a much greater role. This statement
has been recorded 8 days after the happening of the incident and it
states that the accused was seen intercepting the way of two of the
victims and their Hero Xtreme motorcycle by waving a pistol and sickle
(dks;rk) at them and thereafter on his threatening, they handed over
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the motorcycle to him and he took the motorcycle and ran away from
the incident site. Clear dichotomy having been seen with regard to the
statement of the first informant, two statements of the first informant
and witness statements as also long incarceration of the Applicant
without any possibility of the trial being completed and other co-
accused persons having been enlarged on bail and considering the role
of Applicant, Applicant is also enlarged on bail.
5. 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 – Somnath @ Sana Raghunath Zanjar is
directed to be immediately released from prison in
connection with FIR No.64 of 2023;
(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
Satpur 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;
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(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;
(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.
6. 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
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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.
7. 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
20:07:23 +0530
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