TOHID SAMIR SHAIKHversusSTATE OF MAHARASHTRA

                                                                            8. BA 3620-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       BAIL APPLICATION NO. 3620 OF 2026

                      Tohid Samir Shaikh                               .Applicant

                                Vs.

                      The State of Maharashtra                         .Respondent
ANAND
SUDHAKAR
SUDAME                Mr. Kuldeep Nikam, Advocate, for the Applicant
Digitally signed by
ANAND SUDHAKAR
                      Ms. Anuja S. Totad, APP, for the Respondent – State
SUDAME
Date: 2026.09.29
                      Ms. Rupali Jadhav, PSI, Kondhwa Police Station, Pune City present
11:31:29 +0530

                                         CORAM : MILIND N. JADHAV, J.

                                         DATE    : 28.09.2026
                      P. C.

                      1.      Heard Mr. Nikam, learned Counsel for the Applicant and Ms.

                      Gotad, 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.1258 of 2024 registered with Kondhwa Police Station, Pune for

                      offences punishable under Sections 302, 364, 323 and 34 of the Indian

                      Penal Code, 1860, under Section 4(25) of the Arms Act and under

                      Section 37(1)(3) r/w. 135 of the Maharashtra Police Act.

                      3.      The Applicant before me is arraigned as Accused No. 1. The

                      other two Accused persons are minor. The case of prosecution is of

                      three persons having assaulted the deceased victim with a sharp

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weapon. There is a clear dichotomy with regard to identification of the

three assailants by the two witnesses. However, it is prima facie seen

that the contents of the FIR which is lodged by Mr. Akash Jadhav,

brother of the Victim is on the basis of the version narrated to him by

two specific witnesses, who are named therein and the same is prima

facie contrary to his own version which is recorded subsequently on the

following day and copy of which is appended at page No. 63. The

prosecution has not recorded the statements of the two persons Farhan

Javed and Imran Ayub Momin, who have narrated the version to the

Complainant during investigation. The Applicant is incarcerated for the

last three years and ten months. Though there is disagreement between

the Advocate for the Applicant and the learned Prosecutor that the trial

has progressed, however, in view of the prima facie material placed on

record and the long incarceration of the Applicant, I am inclined to

accept his case for grant of bail and release him on bail. Needless to

state that his complicity shall be proved at the trial by the prosecution

in accordance with law.

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 – Tohid Samir Shaikh is directed to be


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             immediately released from prison in connection with

             CR. No.1258 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 surety of the like amount;


        (iii) Applicant shall report to the Investigating Officer at

             Kondhwa 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;


        (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
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                 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

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.)




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