Bombay High Court
VINOD TEJBAHADUR SINGHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The Court granted bail to the applicant subject to stringent conditions.
Summary
The applicant, Vinod Tejbahadur Singh, was charged under IPC sections 302, 120(B) and 34 for a murder allegedly committed in conspiracy with 13 others. The prosecution argued that the murder was pre‑planned and the applicant had absconded, thus denying bail. The defence highlighted the applicant's prior conviction under IPC 326, the release of a co‑accused on bail after prolonged incarceration, and offered to reside within the Kasarvadavali police jurisdiction and comply with bail conditions. The Court, after considering these submissions, granted bail subject to a personal bond, sureties, regular police reporting, residence restrictions, and non‑interference with witnesses. The order emphasized that the bail conditions are limited to the bail application and do not prejudice the trial's merits.
Issues considered
- Whether the accused is entitled to bail despite being charged with murder and alleged absconding
- Whether the applicant's prior criminal antecedent under IPC 326 impacts bail eligibility
- Whether the conditions imposed are sufficient to ensure the applicant's attendance at trial and prevent interference with evidence or witnesses
Legislation cited
- Indian Penal Code, 1860 — s. 120B, 302, 326, 34
Subjects
- bail
- murder
- conspiracy
- IPC
- criminal procedure
- prior conviction
- bail conditions
Judgment
HEMANT
CHANDERSEN H.C.SHIV 71.BA3558.26.DOC
SHIV
Digitally signed by
HEMANT
CHANDERSEN SHIV
Date: 2026.09.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
19:31:32 +0300
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.3558 OF 2026
Vinod Tejbahadur Singh …Applicant
V/s.
The State of Maharashtra …Respondent
Mr. Veerdhawal Deshmukh with Ameyprasad for the Applicant.
Mr. T. G. Khan, APP for the Respondent-State.
CORAM: SHYAM C. CHANDAK, J.
DATED : 8th SEPTEMBER, 2026
P.C. :-
1. Heard learned Counsel for the parties. Perused the record.
2. Present application seeks release of the applicant on bail in
connection with Cr.No.775 of 2021, registered with Virar police
station, Palghar for the offence punishable under Sections 302,
120(B) and 34 of the Indian Penal Code (“IPC”) on the report dated
06/09/2021 filed by Nikhil Kadam, brother of the deceased.
3. There are total 14 accused in this case. It is alleged that on the
relevant date, at time and place, the applicant and co-accused
persons, pursuant to their criminal conspiracy and in furtherance of
the common intention, assaulted the deceased-Nishant Kadam by
means of iron rods, knife etc. and committed his murder. It is
further alleged that co-accused Shahbaz Ayub Shaikh had assaulted
the deceased over his head by means of iron rod. The same role has
been attributed to the present applicant.
4. Mr. Khan, the learned APP has submitted that, the applicant
is named in the Report as one of the assailant. The murder is
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H.C.SHIV 71.BA3558.26.DOC
committed in a planned manner. After the murder, the applicant
was absconding. Therefore, he is not entitled for bail.
5. Mr.Deshmukh, learned Counsel for the applicant, on
instructions, states that said co-accused – Shahbaz Shaikh has one
criminal antecedent under Section 302 of the IPC. The applicant
also has one criminal antecedent under Section 326 of the IPC. The
co-accused-Shahbaz Shaikh has been released on bail by the
Hon’ble Supreme Court on the ground of prolonged incarceration
for about 5 years. The applicant is also incarcerated for similar
period. Mr.Deshmukh, on instructions, states that if the applicant is
released on bail, he will reside within the jurisdiction of
Kasarvadavali police station which comes under Thane Police
Commissionerate and abide by all other conditions for bail.
6. In view of these submissions by Mr. Deshmukh, the applicant
is may be released on bail. Hence, following Order :-
(i) Applicant – Vinod Tejbahadur Singh be released on bail
in aforesaid FIR registered with Virar police station, Palghar
on his executing P.R. Bond in the sum of Rs.1,00,000/- with
one or two sureties in the like amount.
(ii) The applicant shall mark his attendance at
Kasarvadavali police station, Thane on 1st day of each
calender month between 11:00 a.m. to 2:00 p.m. till
conclusion of the trial.
(iii) The applicant shall regularly attend the proceedings
before the jurisdictional Court unless exempted by the said
Court, for the reasons to be recorded in writing.
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H.C.SHIV 71.BA3558.26.DOC
(iv) The applicant shall not enter the jurisdiction of Virar
police station, District – Palghar till conclusion of the trial,
except to attend for the trial in the aforesaid crime.
(v) The Applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence upon
the prosecution witnesses to prevent them from deposing
against him.
(vi) On being released from jail, the Applicant shall reside
within the jurisdiction of Kasarvadavali police station. He
shall furnish his contact number and residential address to
the Investigating Officer and keep him updated, in case there
is any change.
(vii) The Applicant shall not indulge in identical activities
for which he has been arraigned in this case.
(viii) It is clarified that any observation made in the present
order are for the purpose of deciding the present Bail
Application and should not influence the out come of the trial
and also not be taken as an expression of opinion on the
merits of the case.
7. Bail Application stands disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.)
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