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Bombay High Court

SIDDHESH NITIN DHUMALversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail was granted to the applicant on the condition of a personal bond and sureties, subject to non‑interference with evidence and witnesses.

Summary

The applicant, Siddhesh Nitin Dhumal, was arrested for allegedly setting fire to two motorcycles belonging to an informant and neighbours on 9 June 2025, an offence punishable under Sections 326(g) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, which carries a maximum sentence of life imprisonment. He had been in custody for over six months with no progress in the trial and claimed no prior criminal record. The prosecution opposed bail, fearing the applicant might abscond or tamper with witnesses. The Court considered the delay, the seriousness of the charge, and the applicant’s clean antecedents, and decided to grant regular bail on the condition of a Rs.30,000 personal bond with one or two sureties and strict compliance with non‑interference directives. The order also emphasized that the trial court must decide the case on its merits independently of the bail order.

Issues considered

  • Whether bail should be granted for an offence punishable with life imprisonment under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the risk of absconding or witness tampering justifies denial of bail.
  • Whether the six‑month custodial delay without trial progress warrants bail.

Legislation cited

Subjects

  • bail
  • arson
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 326(g)
  • life imprisonment
  • witness tampering
  • trial delay

Judgment

                                                                                    7-BA-4405-2025 (CR).doc


                             S.S.Kilaje


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION
                                            CRIMINAL BAIL APPLICATION NO. 4405 OF 2025

                             Siddhesh Nitin Dhumal                                    … Applicant
                              Versus
                             The State of Maharashtra                                 … Respondent
                             _________________________________________________________________
                             Mr. Vikas Shivankar, Advocate for the Applicant.
          Digitally signed
          by SONALI
SONALI SATISH
       KILAJE
SATISH Date:
KILAJE 2026.01.31
                             Mr. P. P. Jadhav, APP for the Respondent-State.
       17:04:52
          +0700

                             _________________________________________________________________

                                                                   CORAM      :   SHIVKUMAR DIGE, J.
                                                                   DATE       :   28th JANUARY, 2026.
                             P.C. :

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

                             C.R.No. 279 of 2025 registered with Sinhgad Road Police Station, Pune,

                             for the offences punishable under Sections 326 (g) r/w. 3(5) of Bharatiya

                             Nyaya Sanhita, 2023 (for short “BNS Act”).

                             2.            It is prosecution’s case that on 09.06.2025, at around 12.30

                             p.m., the applicant and co-accused set ablaze two wheelers of the first

                             informant and his neighbours.

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

                             applicant is behind bars for six months. There is no progress in the trial.

                             The applicant has no antecedents. It may take time to conclude the trial.

                             Hence, requested to allow the application.



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S.S.Kilaje


4.           It is contention of learned APP that the punishment provided for

the present offence is upto life imprisonment.          The applicant and co-

accused set ablaze the motorcycle of first informant and others on account

of old dispute.        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 applicant is behind bars for more

than six months. There is no progress in the trial. He has no antecedents.

It may take time to conclude the trial. Considering these facts, I pass

following order.

                                      ORDER

                i.      The applicant be enlarged on bail in C.R.No. 279 of

                        2025 registered with Sinhgad Road 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


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S.S.Kilaje


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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