Bombay High Court
YOGESH SHAHAJI DOIPHODEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The court held that bail may be granted subject to strict conditions despite the serious nature of the charges, as the prosecution had not demonstrated injury to the informant and the trial was unduly delayed.
Summary
The applicant, Yogesh Shahaji Doiphode, sought regular bail in a case (Crime No. 401 of 2024) involving offences under the Bharatiya Nyaya Sanhita, 2023 and the Criminal Law Amendment Act, including alleged assault and attempted murder. The prosecution alleged that the applicant, along with co‑accused, assaulted a street vendor with intent to kill and extorted money, while the defence argued that the informant sustained no injury and the trial had been delayed for over a year and eight months. The court considered the seriousness of the charges, the applicant's alleged role as a gang leader, and the risk of absconding or tampering with witnesses. After reviewing the charge sheet and noting the lack of progress in the trial, the judge ordered bail on the condition of a Rs.30,000 personal bond with sureties and several restrictions, including non‑entry into Pune City and non‑interference with evidence or witnesses. The bail was granted, and the application was disposed of, with the trial court instructed to decide the case on its merits independently of the bail order.
Issues considered
- Whether the applicant is entitled to regular bail despite charges of assault, attempted murder, and other serious offences
- Whether there is a risk of the applicant absconding or tampering with evidence or witnesses if released
- Whether the prolonged pre‑trial detention (over 1 year 8 months) warrants the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 308(4), 309(6), 3(5), 352
- Criminal Law Amendment Act — s. 3, 7
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Criminal Law Amendment Act
- pre‑trial detention
- witness tampering
- serious offences
Judgment
6-BA-4278-2025 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 4278 OF 2025
Yogesh Shahaji Doiphode ….Applicant
versus
The State of Maharashtra ….Respondent
_________________________________________________________________
Mr. Ashraf Ali Shaikh, Advocate for Applicant (Through VC).
Ms. Ranjana D. Humane, APP for Respondent-State.
Mr. Ram Gomare, API, Chikhali Police Station, present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 10th APRIL, 2026.
P.C. :
1. By this application, the applicant is seeking regular bail in
Crime No. 401 of 2024 registered with Chikhali City Police Station,
District Pune, for the offences punishable under Sections 309(6), 308(4),
115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3
and 7 of Criminal Law Amendment Act.
2. It is prosecution's case that on 14th July 2024, the applicant
and co-accused assaulted the first informant, who is a vadapav vendor,
with the intention to kill him on the ground of paying ransom.
3. It is contention of learned counsel for the applicant that the
first informant has not sustained any injury. The applicant is behind bars
Digitally
signed by
SHUBHADA
SHUBHADA SHANKAR for around one year and eight months. It may take time to conclude the
SHANKAR KADAM
KADAM Date:
2026.04.15
18:29:20
+0530 trial and requested to allow the application.
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6-BA-4278-2025 (CR).doc
Shubhada S Kadam
4. It is contention of learned APP that the applicant is a gang
leader, he has antecedents. The applicant has assaulted the first informant
and took away ₹1,100/- from his counter by showing threat of a weapon.
If the applicant is released on bail, he may abscond or threaten the
prosecution witnesses, and requested to reject the application.
5. I have heard both learned counsel, perused charge- sheet and
documents produced on record. The applicant is behind bars for more than
one year and eight months. There is no progress in the trial. It may take
time to conclude the trial. Considering these facts, I pass following order:
ORDER
(i) The applicant be enlarged on bail in Crime No. 401 of 2024
registered with Chikhali City Police Station, District Pune, on
executing P.R.Bond in the sum of Rs.30,000/- with 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 enter Pune City till recording of
evidence of the first informant.
(iv) The applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person
concerned with the case.
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6-BA-4278-2025 (CR).doc
Shubhada S Kadam
The application is allowed in the aforesaid terms and is
accordingly disposed of.
6. 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.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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