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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

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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