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Bombay High Court

AMOL VASANT MANEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court granted bail to the accused on a personal bond with sureties and conditions.

Summary

Amol Vasant Mane applied for regular bail in a murder case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4(25) of the Arms Act. The prosecution alleged that Mane and co‑accused killed a private money‑lender over a Rs. 15‑lakh financial dispute, relying on circumstantial evidence and the testimony of the deceased’s brother. The defence argued that the evidence was purely circumstantial, the accused had no prior criminal record, and he had been in custody for over ten months without trial progress. The court considered the lack of antecedents, the delay in trial, and the nature of the evidence, and despite the prosecution’s concern of possible absconding or witness tampering, ordered bail on a personal bond of Rs. 30,000 with one or two sureties and standard conditions. The bail order was granted and the application disposed.

Issues considered

  • Whether bail should be granted in a murder case where the prosecution’s case is based on circumstantial evidence.
  • Whether the accused’s lack of antecedents and prolonged pre‑trial detention justify bail despite alleged motive and risk of tampering.

Legislation cited

Subjects

  • bail
  • murder
  • circumstantial evidence
  • financial dispute
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • pre‑trial detention
  • surety

Judgment

                                                                                    3-BA-4088-2025 (CR).doc


                             S.S.Kilaje


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                                 BAIL APPLICATION NO. 4088 OF 2025

                             Amol Vasant Mane                                         ….Applicant

                             VERSUS

                             State Of Maharashtra                                     …..Respondent

          Digitally signed
          by SONALI
SONALI SATISH
       KILAJE
                             _________________________________________________________________
SATISH Date:
KILAJE 2026.02.04
       10:50:24
          +0700              Mr. Vipul Dushing a/w. Mr. Govind B. Munde and Mr. Ashish N. Saxena,
                             Advocates for the Applicant.
                             Mr. M. G. Patil, APP for the Respondent-State.
                             _________________________________________________________________

                                                                   CORAM      :   SHIVKUMAR DIGE, J.
                                                                   DATE       :   2nd FEBRUARY, 2026.
                             P.C. :



                             1.            By this application, the Applicant is seeking regular bail in

                             C.R.No. 104 of 2025 registered with Vadgaon Nimbalkar Police Station,

                             Pune, for the offences punishable under Sections 103(1), 3(5) of the

                             Bharatiya Nyaya Sanhita, 2023 (for short “BNS Act”) and Section 4(25) of

                             the Arms Act.

                             2.            It is prosecution’s case that on 06.04.2025, the applicant and

                             co-accused murdered the deceased on the ground of financial dispute.

                             3.            It is contention of learned counsel for the applicant that

                             prosecution’s case is based on circumstantial evidence. The applicant is


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                                                         3-BA-4088-2025 (CR).doc


S.S.Kilaje


behind bars for more than 10 months. There is no progress in trial. The

applicant has no antecedents. The deceased was private money lender,

who used to give money on exorbitant interest. He had many enemies.

There are serious antecedents against the deceased and requested to allow

the application.

4.           It is contention of learned APP that the applicant and co-

accused were last seen with the deceased. The brother of the deceased

had seen them.     The applicant had motive to kill the deceased as the

deceased was demanding Rs.15 lakhs from the applicant and co-accused.

If the applicant released on bail, he may abscond or threaten prosecution

witnesses. Hence, requested to reject the application.

5.           I have heard both the learned counsel. Perused chargesheet

and documents produced on record. The prosecution’s case is based on

circumstantial evidence. The brother of the deceased had last seen the

applicant on earlier date of the incident at 8.30 p.m.            The incident

occurred on the intervening night of 05.04.2025 and 06.04.2025. The

prosecution’s case is based on circumstantial evidence. The applicant has

no antecedents. The applicant is behind bars for more than 10 months.

There is no progress in the trial. Considering these facts, I pass following

order.




                                 Page 2 of 3
                                                         3-BA-4088-2025 (CR).doc


S.S.Kilaje


                                        ORDER

                 i.     The applicant be enlarged on bail in C.R.No. 104 of

                        2025 registered with Vadgaon Nimbalkar Police

                        Station, Pune, on executing P.R.Bond of Rs. 30,000/-

                        on furnishing one or two sureties in the like amount.

                 ii.    The applicant shall attend the concerned police station

                        as and when required.

                 iii.   The applicant shall not tamper with the evidence or

                        attempt to influence or contact the complainant,

                        witnesses or any person concerned with the case.

6.           The application is allowed in the aforesaid terms and is

accordingly disposed of. All pending applications, if any, disposed of.

7.           It is made clear that the above observations are made only for

the purpose of granting bail and the Trial Court shall decide the case on its

own merits in accordance with law and uninfluenced by the observations

made in this order.

8.           All concerned to act on the authenticated copy of this order.



                                                  (SHIVKUMAR DIGE, J.)




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