GOPAL ASHOK PATEKARversusTHE STATE OF MAHARASHTRA

                                                                             13. BA 3767-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       BAIL APPLICATION NO. 3767 OF 2026

                      Gopal Ashok Patekar                              .Applicant

                                Vs.

                      The State of Maharashtra                         .Respondents
ANAND
SUDHAKAR
SUDAME                Mr. Himanshu S. Gavit a/w. Ms. Uma Mundada, Advocates, for the
Digitally signed by
ANAND SUDHAKAR
                      Applicant
SUDAME
Date: 2026.10.07      Mr. S. A. Karmakar, APP, for the Respondent – State
20:44:33 +0530
                      Mr. Suyog Waykar, API, Upnagar Police Station, Nashik present

                                         CORAM : MILIND N. JADHAV, J.

                                         DATE    : 07.10.2026
                      P. C.

                      1.      Heard Mr. Gavit, learned Counsel for the Applicant and

                      Mr. Karmakar, learned APP for the Respondent – State.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 465 of 2025 registered with Upnagar Police Station, Nashik for

                      offences punishable under Section 310(4)(5) of the Bharatiya Nyaya

                      Sanhita, 2023 (for short “BNS”), under Section 4/25 of the Arms Act

                      and under Section 135 of the Maharashtra Police Act.

                      3.      The Applicant seeks regular bail having been arrested on

                      14.10.2025. Case of the Applicant is that his role and participation in


                      Anand                            1 of 4
                                                        13. BA 3767-2026.doc

the crime is not there at all. It is seen that only because of the

“Clean Nashik Campaign” which was promulgated by the local

Municipal Corporation and the Area Committee along with the Police,

the Applicant has been arrested on the basis of his earlier antecedent

which is not connected with the present alleged offence at all. There is

no prima facie incriminating material placed on record by the

prosecution to show participation and conspiracy or the Applicant

being part thereof to commit the crime, save and except to state that

the Applicant was apprehended late in the night and that merely

cannot be ground for his detention. In that view of the matter, the

Applicant has made out a case for grant of bail.

4.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicant is allowed subject to the following terms

and conditions:-

           (i)   Applicant – Gopal Ashok Patekar is directed to be

                 immediately released from prison in connection with

                 CR. No. 465 of 2025;


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

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

                 only) with one surety of the like amount;


           (iii) Applicant shall report to the Investigating Officer at
Anand                              2 of 4
                                                     13. BA 3767-2026.doc

            Upnagar 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;


        (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

Anand                          3 of 4
                                                          13. BA 3767-2026.doc

                 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