Bombay High Court
NITIN @ MENYA ANKUSH METKARIversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to conditions, without any observation on the merits of the case.
Summary
The applicant, Nitin @ Menya Ankush Metkari, sought bail under Section 439 of the Criminal Procedure Code for a murder case (CR No.75 of 2019) involving multiple serious offences. He had been in custody for over seven years while the trial had just begun, with only two of the anticipated 78 prosecution witnesses examined. The court noted that the applicant was not the gang leader and that three co‑accused had already been granted bail. Considering the prolonged pre‑trial detention and the stage of the trial, the judge granted bail without making any observations on the merits of the case, imposing standard conditions to prevent witness tampering and ensure trial cooperation. The bail order was issued with a bond of Rs. 50,000 and several reporting and conduct conditions, and the application was disposed of.
Issues considered
- Whether bail should be granted under Section 439 CrPC to an accused in a murder case after prolonged pre‑trial detention
- Whether the stage of trial and risk of witness tampering justify bail
Legislation cited
- Arms Act, 1959 — s. 25, 3, 4
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code — s. 120B, 143, 147, 148, 149, 201, 216, 302, 307, 324
- Maharashtra Police Act, 1951 — s. 135, 37(1)
Subjects
- bail
- pre‑trial detention
- murder
- Section 439 CrPC
- witness tampering
- conditions of bail
- criminal procedure
Judgment
39.BA.3664.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3664 OF 2026
Nitin @ Menya Ankush Metkari .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Shailesh Chavan a/w. Mr. Sachin Pawar and Mr. Sagar
Kawade, Advocates for Applicant.
Mr. Amit A. Palkar, APP for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 28, 2026
P.C.:
1. Heard Mr. Chavan, learned Advocate for Applicant and Mr.
Palkar, learned APP for Respondent.
2. This is an Application under Section 439 of Code of Criminal
Procedure, 1973 seeking Bail in connection with C.R. No.75 of 2019
registered with Dattawadi Police Station for offences punishable under
Sections 302, 307, 324, 201, 120B, 216, 143, 147, 148 and 149 of the
Indian Penal Code, 1860; Sections 3, 4 and 25 of the Arms Act, 1959;
Sections 37 (1) and 135 of the Maharashtra Police Act, 1951.
3. However Applicant is incarcerated for the past more than 7
years and 2 months in custody. Trial has begun and out of the probable
78 witnesses only 2 witnesses have been examined by the prosecution.
4. In this case, the Applicant has been arraigned as an accused
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in a murder case, alongwith other 20 co-accused persons. Three of the
co-accused persons have been granted bail by this court. Applicant is
neither the gang leader of the group, his role though prima facie,
imminent will undoubtedly be proved by the prosecution at trial. Since
the trial has begun any observation on the merits of the matter, , may
affect the ongoing trial. Hence, in that view of the matter, on the
ground of long incarceration, I am inclined to release the Applicant on
bail.
5. Considering the aforesaid, Applicant has is released on bail
subject to following conditions:-
(i) Applicant is directed to be immediately released from
prison in connection with Crime No. 75 of 2019;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty
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
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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 cancellation
of bail granted to the Applicant.
6. 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.
7. 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
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15:23:01 +0530
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