PARMESHWAR ALIAS PAMYA @ PRAMOD BALU GAIKWADversusTHE STATE OF MAHARASHTRA

                                                                       15.BA.3630.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.3630 OF 2026

              Parmeshwar Alias Pamya @ Pramod Balu
              Gaikwad                                        .. Applicant
                         Versus
              The State of Maharashtra                       .. Respondent
                                        ....................
               Mr. Kuldeep U. Nikam, Advocates for Applicant.
               Mr. Amit Mundhe, APP for Respondent – State.
                                            ...................

                                           CORAM : MILIND N. JADHAV, J.
                                           DATE          : SEPTEMBER 28, 2026
              P.C.:

              1.        Heard Mr. Nikam, learned Advocate for Applicant and Mr.

              Mundhe, learned APP for Respondent – State.             With their able

              assistance perused the record of the present case.


              2.        This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.49 of 2026 registered with Uttamnagar Police Station for offences

              punishable under Sections 108 and 3(5) of the Bharatiya Nyaya

              Sanhita, 2023 and Section 3(2) of the Maharashtra Prevention and

              Eradication of Human Sacrifice and other Inhuman, Evil and Aghori

              Practices and Black Magic Act, 2013.


              3.        The incident in question led to death of the victim when he

              consumed a poisonous concoction. The First Informant is wife of the

              deceased – victim. The First Information Report prima facie notes that

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Informant was fully aware about the relationship between her husband

and Accused No.2 who is a woman. There are two Accused persons in

present crime. Accused Nos.1 and 2 were already having relationship

with each other. This came to the knowledge of the deceased-victim

after which he and Accused No.1 used to repeatedly talk to each other.

The entire transcript of that talk prior to the incident in question has

been procured by prosecution and appended from page No.35

onwards. I have perused the same.


4.        Prima facie, there is nothing objectionable in the said

transcripts to show any act or conduct on the part of the Applicant

before me to have driven the deceased victim to commit the ultimate

act in question. The fact that the deceased – victim and Accused No.2

were in relationship was known to one and all.


5.        Independent witness statement of cousin sister of the

deceased – victim appended at page No.125 of the Application prima

facie confirms this fact and also throws light on a further fact that

Applicant before me was also a person known to everybody since he

had aided and assisted her in resolving some family issue relating to

health as stated therein. Additional Sections under the Black Magic

Act have been added subsequently.          Though Mr. Mundhe has

vehemently made an attempt to argue that the Applicant had practiced

black magic in some form and had driven the deceased – victim to



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commit the ultimate act and take his own life, there is no prima facie

direct material which would inspire confidence of the Court at the

threshold at the bail stage.


6.        Needless to state that complicity of Applicant shall be proved

in trial by the prosecution at Trial. The witness statements which are

placed on record also do not directly indict the Applicant to have

committed any plausible act since it is clearly evident from the material

placed on record that both Applicant as well as deceased – victim who

were having relationship with Accused No.2 in the present crime were

on talking terms and there is nothing overt or incriminating material to

show that Applicant had abetted the act in question. Further the fact

that Applicant is incarcerated for only 4 months can never be a fact for

denying bail to the Applicant. Bail matters are decided on the basis of

merits of each case before this Court and not on the basis of length of

incarceration qua the crime in question which shall be noted by

prosecution before making such submission.


7.        Considering the aforesaid, Applicant is granted bail subject

to following conditions:-


          (i)   Applicant is directed to be immediately released

                from prison in connection with Crime No. 49 of

                2026;


          (ii) Applicant is directed to be released on bail on

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     furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty

     Five Thousand only) with one or two surety /

     sureties of the like amount;

(iii) Applicant shall report to the Investigating Officer

     at the concerned Police Station, once every month

     on the first Monday of the month between 10:00

     a.m. to 12:00 p.m.;

(iv) Applicant shall co-operate with the conduct of

     trial and attend the Trial Court on all dates,

     unless specifically exempted and will not take any

     unnecessary adjournments, if he does so it will

     entitle the prosecution to apply for revocation of

     this order;

(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 address and mobile

     contact number and / or change of residence or

     mobile details, if any, from time to time, as

     applicable; and

(viii)Any infraction of the conditions shall entail

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                                          cancellation of bail granted to the Applicant.



               8.              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.


               9.              Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                                       [ MILIND N. JADHAV, J. ]


                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.09.28
                            19:20:19 +0530




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