Bombay High Court
ANMUDDIN ALLAUDDIN CHAKUREversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the accused subject to specified conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for Anmuddin Allauddin Chakure, who is accused of murdering his wife under Section 302 of the Indian Penal Code. The applicant had been in custody for nearly five years without any witnesses examined and the trial had not commenced. The court noted the long pre‑trial incarceration, the circumstantial nature of the evidence, and the delay in trial as grounds to grant bail. Bail was granted on the condition of a Rs.25,000 personal bond, monthly reporting to the investigating officer, and various restrictions to prevent tampering with evidence or witnesses. The order expressly limited its observations to bail and did not address the merits of the murder charge.
Issues considered
- Whether bail can be granted under Section 483 BNSS, 2023 to an accused of murder (Section 302 IPC) given prolonged pre‑trial detention and lack of trial commencement.
- Whether the absence of examined witnesses and the circumstantial nature of evidence justify bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 302
Subjects
- bail
- Section 302 IPC
- Section 483 BNSS
- pre‑trial detention
- circumstantial evidence
- conditions of bail
Judgment
5. BA 3613-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3613 OF 2026
Anmuddin Allauddin Chakure .Applicant
Vs.
The State of Maharashtra .Respondent
Mr. Harsh Kashyap, Advocate, for the Applicant
Digitally
Ms. Sangeeta Phad, APP, for the Respondent – State
signed by
ANAND
ANAND
SUDHAKAR
Mr. Mangesh Patil, PSI, Sant Tukaram Nagar Police Station present
SUDHAKAR SUDAME
SUDAME Date:
2026.09.29
20:09:28
+0530
CORAM : MILIND N. JADHAV, J.
DATE : 28.09.2026
P. C.
1. Heard Mr. Kashyap, learned Counsel for the Applicant and
Ms.Phad, learned APP for the Respondent – State.
2. This Application is filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with
C.R.No. 750 of 2021 registered with Pimpri Police Station, Pune for
offence punishable under Section 302 of the Indian Penal Code, 1860.
3. The Applicant is indicted as an Accused of having assaulted his
wife and inflicting a fatal blow due to the quarrel between them. Be
that as it may, I am inclined to consider the Applicant’s case for grant of
bail. He is in incarceration for more than 4 years and 11 months.
Charge has been framed and out of probable 27 witnesses, none has
Anand 1 of 4
5. BA 3613-2026.doc
been examined. The trial has not commenced. In that view of the
matter, considering the nature of the evidence been circumstantial qua
the Applicant in question and the long incarceration of the Applicant in
prison and the ignominy of the trial not having commenced and will
not be completed in the near foreseeable future, persuades me to
consider the ground of long incarceration for releasing the Applicant
on bail.
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) Applicant – Anmuddin Allauddin Chakure is directed to
be immediately released from prison in connection with
CR. No. 750 of 2021;
(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 of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Pimpri Police Station, Pune, 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;
Anand 2 of 4
5. BA 3613-2026.doc
(iv) Applicant shall co-operate 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.
5. 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
Anand 3 of 4
5. BA 3613-2026.doc
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.
6. Bail Application is allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 4 of 4
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