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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

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
                                    -------
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.
                                   -------
                                  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
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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
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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.
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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.

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                                (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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