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Bombay High Court

YOGESH MADHUKAR NIKAMversusSTATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

Bail was denied as the trial had progressed with witness examination, in line with the precedent cautioning against bail in serious offences at that stage.

Summary

Yogesh Madhukar Nikam applied for bail in a criminal case where the trial had already progressed with 19 prosecution witnesses examined. The State opposed bail, citing that the trial was substantially underway. The Court referred to the Apex Court decision in X v. State of Rajasthan (2024 INSC 909), which cautions against granting bail in serious offences such as rape, murder, or dacoity once witness examination has begun. Relying on that precedent, the Court declined to grant bail and disposed of the application. The Court also directed the trial court to aim to conclude the trial within four months and ordered the applicant to pay Rs. 10,000 as professional fees to the legal‑aid counsel.

Issues considered

  • Whether bail can be granted in a serious offence after the trial has commenced and prosecution witnesses are being examined

Subjects

  • bail
  • criminal procedure
  • serious offences
  • trial progression
  • legal aid

Judgment

                                                                                    2-BA-4091-2024 (CR).doc


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIRCUIT BENCH AT KOLHAPUR
                                               CRIMINAL APPELLATE JURISDICTION

                                              CRIMINAL BAIL APPLN. NO. 4091 OF 2024

                                                        Yogesh Madhukar Nikam
                                                                   Vs.
                                                          State Of Maharashtra

                              Mr. Kedar Lad, advocate for the Applicant through Legal Aid
                              Mr. Nitin B. Patil APP for the State

                                                         CORAM :     SACHIN S. DESHMUKH, J.
                                                         DATE :      28th APRIL, 2026.

                              P. C. :

                              1.        Learned APP submitted that the trial has substantially
                              progressed and in the process, 19 witnesses are examined.
                              Therefore, the Hon’ble Apex Court in case of ‘X’ Versus the State of
                              Rajasthan1, has cautioned against granting bail in serious offences
                              like rape, murder, dacoity etc., once the trial commences and the
                              prosecution witnesses are being examined.

                              2.        In that view of the matter, Application stands disposed of. The
                              concerned Court is requested to make an endeavour to conclude the
                              trial within period of four months from today.

                              3.        Professional fees of Rs. 10,000/- to be paid to learned counsel
                              appointed through Legal Aid for the Applicant.


         Digitally
         signed by
         IRESH
                                                                          [SACHIN S. DESHMUKH, J.]
IRESH    MASHAL
MASHAL   Date:
         2026.04.28
         20:16:40             1    2024 INSC 909
         +0530




                      Iresh                                      1 of 1


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