Bombay High Court
SIDDHARTH DYANDEV DABHADEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to specified conditions.
Summary
The High Court considered a bail application filed under Section 439 of the Criminal Procedure Code by Siddharth Dnyandeo Dabhade, who is charged with kidnapping, assault and murder offences under several sections of the Indian Penal Code. The applicant had been in custody for over two years and ten months pending trial, although he was not named in the FIR and was later identified through a test identification parade. The court noted that two co‑accused had already been released on bail and that the applicant’s prolonged pre‑trial detention warranted relief. Relying on the principle of parity and the need to avoid excessive incarceration, the judge granted bail with a cash bond and a series of reporting and conduct conditions. The order expressly limited its observations to bail and did not address the merits of the criminal charges.
Issues considered
- Whether bail should be granted to an accused charged with serious offences under the IPC after a prolonged pre‑trial detention.
- Whether the identification of the accused after the FIR and the fact that co‑accused have been released on bail justify granting bail on the principle of parity.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code — s. 143, 147, 148, 149, 201, 302, 363, 364
Subjects
- bail
- pre‑trial detention
- parity
- kidnapping
- murder
- IPC
- CRPC
- Section 439
- identification parade
Judgment
5. BA 3676-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3676 OF 2026
Siddharth Dnyandeo Dabhade .Applicant
Vs.
The State of Maharashtra .Respondent
Mr. Aniket Vagal a/w. Ms. Savvy Kolhekar & Ms. Juhi Kadu, Advocate,
Digitally
signed by
for the Applicant
ANAND
ANAND SUDHAKAR
SUDHAKAR SUDAME
Mr. Amit Mundhe, APP, for the Respondent – State
SUDAME Date:
2026.10.01
16:24:23
Ms. Varsha Ramchandra Borse, PSI, Ambad Police Station, Nashik
+0530
present
CORAM : MILIND N. JADHAV, J.
DATE : 30.09.2026
P. C.
1. Heard Mr. Vagal, learned Counsel for the Applicant &
Mr. Mundhe, learned APP for the Respondent – State.
2. This Application is filed under Section 439 of the Code of
Criminal Procedure, 1973 (for short “CRPC”) in connection with
C.R.No. 731 of 2023 registered with Ambad Police Station, Nashik for
offences punishable under Sections 363, 364, 302, 201, 143, 147, 148
& 149 of the Indian Penal Code, 1860 (for short “IPC”).
3. The Applicant is a young offender. He along with the other Co-
accused persons had kidnapped the victim, who had an inherent
enmity with Accused No. 2 as per the prosecution case. He was beaten
Anand 1 of 4
5. BA 3676-2026.doc
up by fist and blows. There are certain eye witnesses to the account but
that would be a matter of trial, since even according to the prosecution
case, the victim was intercepted and taken to an isolated location in a
mine, where he was beaten up by the Accused persons. The only reason
which impels me to consider the present case is the long incarceration
of the Applicant in jail for over two years and ten months pending trial.
Insofar as the role attributed to the Applicant is concerned, according
to the prosecution case, he participated and in inflicting fist blows and
kicks to the victim. Interestingly, it is seen that Applicant is not named
in the FIR nor in the Supplementary statement but on further
investigation, the Test Identification Parade which has been carried out
after almost two months later indicts him. In that view of the matter, I
am inclined to consider the case of the Applicant for grant of bail
especially, in view of two other co-accused persons namely Accused
Nos. 4 & 5 have already been released on bail almost one year earlier.
The Applicant is, therefore, released on bail on the ground of parity as
well as long incarceration pending trial.
4. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
Anand 2 of 4
5. BA 3676-2026.doc
(i) Applicant – Siddharth Dnyandeo Dabhade is directed to
be immediately released from prison in connection with
CR. No. 731 of 2023;
(ii) Applicant is directed to be released on bail on furnishing
P. R. Bond of Rs.15,000/- (Rs. Fifteen Thousand only)
with one or two sureties of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Ambad Police Station, Nashik, 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;
Anand 3 of 4
5. BA 3676-2026.doc
(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
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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