Bombay High Court
TEJAS ANIL GANGURDE @ HYDER ALI KHANversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is to be granted because the evidence is only prima facie and the existence of antecedents does not, by itself, preclude bail under Section 483 of the BNSS.
Summary
The High Court considered bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with a case (CR No. 479 of 2025) involving alleged offences under Section 310(4) of the Bharatiya Nyaya Sanhita, 2023, sections of the Indian Arms Act and the Maharashtra Police Act. The applicants, three accused persons, were arrested after police recovered weapons from co‑accused and relied on confessional statements of the others; two of the accused had prior antecedents. The learned prosecutor argued that the antecedents barred bail, but the court noted the prima facie nature of the evidence, the granting of bail to other co‑accused, and the lack of a completed trial. Relying on these observations, the court granted bail subject to strict conditions including a personal bond, sureties, reporting requirements, and restrictions on travel and witness tampering. The order expressly limited its observations to bail and reserved judgment on the merits for the trial court.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the BNSS despite prior antecedents.
- Whether the presence of prima facie circumstantial evidence and the bail of co‑accused justify release.
- Whether the offences under the Indian Arms Act and Maharashtra Police Act affect the bail decision.
Legislation cited
- Arms Act — s. 3, 4 read with 25
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4)
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Maharashtra Police Act — s. 135
Subjects
- bail
- criminal procedure
- prima facie evidence
- antecedents
- arms possession
- Maharashtra Police Act
- BNSS
- BNS
Judgment
4. BA 3609-2026 (common order).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3609 OF 2026
Tejas Anil Gangurde alias Hyder Ali khan .Applicant
Vs.
Digitally
signed by
The State of Maharashtra .Respondent
ANAND
ANAND SUDHAKAR
SUDHAKAR SUDAME
SUDAME Date:
2026.09.29
WITH
11:23:06
+0530 BAIL APPLICATION NO. 2727 OF 2026
1. Raheman Jafar Shaikh .Applicants
2. Sameer Zakir Shaikh
Vs.
The State of Maharashtra .Respondent
Mr. Amit Pradhan, Advocate, for the Applicants
Ms. Shilpa G. Talhar, APP, for the Respondent – State
Mr. S. S. Sanap, HC, Nasik Road Police Station present
CORAM : MILIND N. JADHAV, J.
DATE : 28.09.2026
P. C.
1. Heard Mr. Pradhan, learned Counsel for the Applicants and
Ms. Talhar, learned APP for the Respondent – State.
2. These Applications are filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with
C.R.No. 479 of 2025 registered with Nashik Road Police Station for
offences punishable under Section 310(4) of the Bharatiya Nyaya
Anand 1 of 5
4. BA 3609-2026 (common order).doc
Sanhita, 2023 (for short “BNS”), under Sections 3, 4 r/w. 25 of the
Indian Arms Act and under Section 135 of the Maharashtra Police Act.
3. The Applicant in the present case is the young offender. Three
out of the five Accused persons have been apprehended by the police
while patrolling when they attempted to run away from the spot at
about 9.00 p. m. near the vicinity of an establishment called
“Patil Nursery” situated near Valdevi river. Save and except the
aforesaid, there is no other case of the prosecution. Insofar as the other
Accused persons are concerned, Chilli Powder, one Skype (Koyta) and
one country made revolver were recovered from them. The Applicant
has been indicted and arrested on the confessional statement of the
other Co-accused persons. Considering that the other other Co-accused
persons have been granted bail and prima facie evidence of the
prosecution, being circumstantial qua the present Applicant before me
and the Applicant having been incarcerated for the past more than one
year, persuade me to allow the present Application. The Application is
allowed.
4. Learned Prosecutor points out that against the present Applicant,
there are two antecedents and therefore, the case for bail should not be
considered. However, in view of my aforesaid prima facie observations
and the fact that the Applicants have been apprehended on the basis of
Anand 2 of 5
4. BA 3609-2026 (common order).doc
suspicion of their preparation to commit the crime and since the
weapons were found on three out of the five Accused persons who
have in fact been granted bail, I am inclined to consider the case of the
Applicants for grant of bail.
5. Though Bail Application No. 2727 of 2026 has been tagged along
with the above Bail Application, being Cri.B.A.No. 3609 of 2026, it has
not been shown on board rather in the disclaimer note, the said
Application is shown to be tagged and to be heard along with the
present Application. Hence, both the Applications are taken up for
hearing today.
6. Hence, in view of above prima facie observations and finding,
Bail Applications of Applicants are allowed subject to the following
terms and conditions:-
(i) Applicants – Tejas Anil Gangurde alias Hyder Ali khan,
Raheman Jafar Shaikh & Sameer Zakir Shaikh are
directed to be immediately released from prison in
connection with CR. No. 479 of 2025;
(ii) Applicants are directed to be released on bail on
furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five
Thousand only) each with one or two sureties of the like
amount;
Anand 3 of 5
4. BA 3609-2026 (common order).doc
(iii) Applicants shall report to the Investigating Officer at
Nashik Road 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) Applicants shall co-operate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicants shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicants shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicants shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicants shall keep the Investigating Officer informed
of their current residential addresses and mobile
telephone numbers and shall forthwith inform the
Investigating Officer of any change in their residential
addresses or mobile telephone numbers, as and when
such change occurs; and
Anand 4 of 5
4. BA 3609-2026 (common order).doc
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicants.
7. 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
hereinabove in this order.
8. Bail Applications are allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 5 of 5
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