Bombay High Court

OM RAHUL NIKAMversusTHE STATE OF MAHARASHTRA

Disposal: Allowed
Bench: SACHIN SHIVAJIRAO DESHMUKH

Holding

The Court granted regular bail to the applicant on condition of a personal bond and compliance with stipulated conditions.

Summary

The applicant, Om Rahul Nikam, sought regular bail in a case registered under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4(25) of the Arms Act, relating to the murder of Akshay Mane. The FIR initially did not name the applicant, but a later witness statement under Section 161 of the Cr.P.C. attributed a general, sweeping role to him. The applicant argued that no specific role was established, that co‑accused had already been released on bail, and that parity warranted his release. The State contended that the applicant’s alleged involvement was specific and, given the seriousness of the offences, bail should be denied. The Court, after noting the lack of a specific role, the completion of investigation, and the likely protracted trial, granted bail on a personal bond of Rs. 50,000 with sureties and conditions, emphasizing attendance at trial and non‑interference with witnesses.

Issues considered

Whether the applicant is entitled to bail despite being implicated in serious offences under the Bharatiya Nyaya Sanhita and the Arms Act
Whether a general, sweeping role assigned in a witness statement suffices to deny bail
Whether parity with co‑accused who have been released on bail mandates granting bail to the applicant
Whether the completion of investigation and anticipated length of trial justify bail

Legislation cited

Arms Act — s. 4(25)
Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5)
Code of Criminal Procedure, 1973 — s. 161, 183

Subjects

bail
criminal procedure
serious offence
parity
investigation complete
arms act
Bharatiya Nyaya Sanhita
regular bail
witness statement

Judgment

                                                        24-BA-3684-2025 (CR).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                     CRIMINAL APPELLATE JURISDICTION

               CRIMINAL BAIL APPLICATION NO. 3684 OF 2025

Om Rahul Nikam                                            ...Applicant
      Versus
The State Of Maharashtra                                  ...Respondent

                                  …..
Adv. Priyal Sarda a/w Mr. Onkar Bajaj, for Applicant.
Mr. C. D. Mali , APP for Respondent- State.
                                  …..


                                    CORAM : SACHIN S. DESHMUKH, J.

                                    DATE      :   4th MARCH, 2026.
P.C:

1.         The applicant has approached this Court seeking regular bail in

connection with FIR dated 30.05.2025 bearing Crime No. 500 of 2025

registered with Satara City Police Station, Satara for the offences

punishable under Sections 103, 3(5) of the Bharatiya Nyaya Sanhita,

2023 and under Section 4(25) of the Arms Act.

2.         In short the prosecution case is that, the informant Miss. Dipali is

the sister of deceased Akshay Mane. On 30.05.2025 she lodged the

report alleging that, on 29.05.2025 at about 11:00 pm one Mr. Lala

Shedage called her mother and informed that, the deceased Akshay was

lying injured on the spot. Thereafter, the deceased was taken to civil




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hospital as such informant along with family members rushed to the

hospital and noted the dead body of her brother. Visible external

injuries were noted. On noticing the same, she confirmed that, on

29.05.2025 in the noon at 3:00 till 11:00 pm, the accused Dhananjay

Yadav, Prathamesh @ Padya Chavan, Yogesh Khavale, Rohan Jadhav

along with their one unknown friend, resident of Kodoli have assaulted

the deceased on account of previous dispute. Therefore, the report.

3.         Learned counsel for the applicant submits that initial FIR was

registered wherein the name of the present applicant was not indicated

nor any role was assigned to him. However, it is in the statement of one

of the witnesses namely Abhijeet Ashok Bhise recorded under Section

161 of Cr.P.C., wherein the role of the applicant is assigned. However,

the statement recorded before the Learned Magistrate, the role assigned

to the applicant is general and sweeping. Investigation is completed.

There is delay in recording the statement. There is no recovery at the

instance of the present applicant. Learned counsel for the applicant

submits that all other accused are enlarged on bail. In that view of the

matter, the applicant deserves to be entitled for bail even on the ground

of parity.

4.         Per contra, learned APP has opposed the application submitting

that a specific role attributed and assigned to the present applicant. In

that view of the matter, and considering the severity of the offence, the




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application does not deserve consideration. Hence, prayed to reject the

application.

5.         Considering rival submissions and perusal of the material on

record including Charge-sheet, perusal of the statement recorded before

learned Magistrate under Section 183 of the BNS, the role assigned to

the present applicant is general and sweeping. No specific role is

assigned. Even on the ground of parity, the application warrants

consideration.

6.         Apart from the aforesaid aspects, investigation is complete for all

intent and purpose. Considering the number of witnesses prosecution

has cited, the completion of trial is likely to take considerable period. In

that view of the matter, further incarceration of the applicant would be

unjustified. Resultantly, application is allowed on certain conditions.

7.         Hence, the following order :-

                                     ORDER

             (I)         Application is allowed.

             (II)        Applicant – Om Rahul Nikam be released on
                         regular bail on furnishing P.R. bond of Rs. 50,000/-
                         (Fifty Thousand Only) with one or two local
                         solvent sureties in the like amount, in connection
                         with Crime No. 500 of 2025 registered with Satara
                         City Police Station, Satara for the offences
                         punishable under Sections 103, 3(5) of the
                         Bharatiya Nyaya Sanhita, 2023 and under Section
                         4(25) of the Arms Act., on the following conditions
                         :-




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               (a)      The applicant shall attend each and every date of
                        the Trial Court unless exempted by the Trial Court.

              (b)       The Applicant shall not pressurize the prosecution
                        witnesses and shall not tamper with the
                        prosecution evidence, in any manner.

               (c)      The applicant shall submit his Aadhar and Pan
                        Card to the Investigation Officer and detailed
                        address and phone number of applicant and two of
                        the near relatives.



8.         Needless to state that the observations rendered herein are to the

extent of this application and the trial Court shall not be influenced by

the same.

                                           [SACHIN S. DESHMUKH, J.]




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