Bombay High Court
VAIBHAV GURUNATH PANGULEversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The court held that the applicant’s alleged conduct amounted only to destruction of evidence, not participation in the murder, and therefore bail was warranted.
Summary
The applicant, Vaibhav Gurunath Pangule, was arrested in connection with the murder of Ayyub Hussain Sayyad and charged under Sections 103(1), 307, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after the trial court rejected his earlier bail plea. The prosecution alleged that the applicant participated in destroying evidence, specifically a DVR, after the murder, and was seen with co‑accused and purchasing petrol. The High Court examined the charge‑sheet and found no prima facie evidence linking the applicant to the actual homicide, concluding his role was limited to evidence destruction, which falls under Section 238 of the Bharatiya Nyaya Sanhita. Accordingly, the court held that continued detention was unnecessary and granted bail with standard conditions, disposing of the bail application.
Issues considered
- Whether bail can be granted to an accused whose alleged involvement is limited to destruction of evidence under Section 238 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the material on record justifies continued detention of the accused pending trial.
- Whether the provisions of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 permit bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 307, 3(5)
Subjects
- bail
- evidence destruction
- murder
- Section 238
- Section 483
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- high court
Judgment
30-BA-498-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
BAIL Application NO. 498 OF 2026
Vaibhav Gurunath Pangule ...Applicant
Versus
The State of Maharashtra And Anr. ...Respondents
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Mr. Kunal Patil a/w Rajnandini Katkar, Advocate for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
PC B. M. Patil, Sadar Bazar Police Station, Solapur City, is present.
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CORAM : ASHWIN D. BHOBE, J.
DATE : 6th October, 2026.
P.C. :
1. Heard, Mr. Kunal Patil, learned Advocate for the Applicant and Dr.
A. A. Takalkar, learned APP for the Respondent – State.
2. By the present Application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks bail in
connection with Crime No. 1054 of 2025, registered at Sadar Bazar
Police Station, Solapur, for offences punishable under Sections 103(1),
307, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Mr. Kunal Patil, learned Advocate for the Applicant, states that
there are three (3) accused in Crime No. 1054 of 2025, with the
Applicant being accused No. 3. He further states that Crime No. 1054 of
Arjun 1
30-BA-498-2026.doc
2025 is registered as Sessions Case No. 64 of 2026 and is pending
before the Sessions Judge, Solapur (“Trial Court”).
4. The prosecution case is that between 10:30 p.m. on 26.12.2025
and 1:30 p.m. on 27.12.2025, the accused persons in Crime No. 1054 of
2025, committed the murder of Ayyub Hussain Sayyad (deceased) by
smothering him with a pillow. The reason for the same was initially
unknown.
5. The Applicant was arrested on 28.12.2025. The Bail Application
at Exhibit-4, filed by the Applicant in Sessions Case No. 64 of 2026, was
rejected by the Trial Court on 16.05.2026.
6. Mr. Kunal Patil, learned Advocate for the Applicant, submits that
the material on record does not indicate that the Applicant was involved
in the commission of the crime, i.e., the murder of the deceased. He
submits that if the material on record is taken against the Applicant, it
would attract Section 238 of the Bharatiya Nyaya Sanhita, 2023. He
further submits that the Applicant is 21 years of age and has no
antecedents.
7. Dr. A. A. Takalkar, learned APP for the Respondent – State,
submits that the Applicant’s involvement in the crime is established by
Arjun 2
30-BA-498-2026.doc
the Applicant’s role in destroying the DVR installed at the deceased’s
house. She submits that the Applicant purchased the petrol used to
destroy the articles and was seen with the co-accused, along with a
rope. She submits that the Applicant was seen with the co-accused both
prior to and after the murder of the deceased.
8. Perused the records with the assistance of the learned Advocates
for the parties.
9. Perusal of the chargesheet prima facie does not indicate the
involvement of the Applicant in the murder of the deceased. The
allegations against the Applicant suggest that the Applicant was
engaged in destroying evidence after the murder of the deceased. The
rope as referred to by Dr. A. A. Takalkar, learned APP, was apparently
not used in the commission of the offence.
10. Prima facie, based on the material on record, the Applicant's role
was destruction of evidence and therefore the provisions of Section 238
of the Bharatiya Nyaya Sanhita, 2023 would apply.
11. In view of the above circumstances and the nature of the
Applicant's involvement in the crime, the Applicant's continued
detention pending Trial Sessions Case No. 64 of 2026 is not necessary.
Arjun 3
30-BA-498-2026.doc
12. This Application is therefore allowed on the following terms :-
(a) Applicant is directed to be released on Bail in
connection with C.R. No. 1054 of 2025, registered with
the Sadar Bazar Police Station, upon furnishing a P.R.
Bond in the sum of Rs. 50,000/- (Rupees Fifty
Thousand Only) with one or two sureties, in the like
amount, to the satisfaction of the Sessions Judge,
Solapur, in Sessions Case No 64 of 2026.
(b) Applicant shall not, directly or indirectly, make
any inducement, threat or promise to any person
acquainted with the facts of the case to dissuade that
person from disclosing the facts to the Court or any
police officer. Applicant shall not tamper with
evidence.
(c) Applicant shall, within three (3) days of his
release from jail, provide to the Investigating Officer,
Sadar Bazar Police Station, his residential address with
proof, the contact numbers and must inform the
Investigating Officer about the change in the same
from time to time.
Arjun 4
30-BA-498-2026.doc
(d) Applicant shall report to the Investigating
Officer, Sadar Bazar Police Station, on the 2nd Saturday
of each month, from 10:00 a.m. to 12:00 noon, until
the conclusion of trial in Sessions Case No. 64 of 2026.
(e) Applicant shall regularly appear before the Trial
Court, in Sessions Case No. 64 of 2026, as and when
the matter is fixed, unless specifically exempted. If the
Applicant fails to appear before the Trial Court, on the
date fixed, it shall be deemed a breach of condition
and the Trial Court, shall be at liberty to pass
appropriate orders.
(f) In the event of any default in complying with the
conditions or misuse of the liberty granted to the
Applicant, the prosecution shall be at liberty to seek
cancellation of bail.
13. The observations made in this order are for deciding the Bail
Application and will not affect the trial proceedings.
14. Bail Application No. 498 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN Arjun 5
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.07
11:16:05
+0530
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