Bombay High Court
NAGRESH BAJIRAV KALEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the accused on the condition of a Rs.25,000 surety bond and specific restrictions.
Summary
The High Court considered a bail application filed by Nagresh Bajirav Kale, who is accused of assault and murder under Sections 103(1) and 103(5) of the Bhartiya Nyaya Sanhita, 2023, arising from a domestic dispute. The prosecution alleged that the incident occurred on 1 August 2024, the victim died on 5 August 2024, and the FIR was lodged on 8 August 2024. The applicant argued that there was an undue delay in filing the complaint, he has no prior criminal record, and the trial has not progressed for over 18 months with no charge framed. The State contended that the applicant could abscond or influence witnesses if released. After reviewing the charge‑sheet and the lack of trial progress, the Court granted bail on the condition of a surety bond, restrictions on movement, and a prohibition on tampering with evidence or influencing witnesses.
Issues considered
- Whether bail should be granted despite the seriousness of the offences and the risk of the accused absconding or tampering with evidence
- Whether the delay in filing the FIR and the lack of charge framing justify granting bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 103(5)
Subjects
- bail
- criminal procedure
- delay in trial
- charge framing
- witness tampering
- domestic violence
- murder
Judgment
18-BA-585-2026 (CR).doc
TIKAM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 585 OF 2026
VAISHALI
ANIL Nagresh Bajirav Kale ...Applicant
TIKAM
VERSUS
Digitally signed
State Of Maharashtra ....Respondent
by VAISHALI
ANIL TIKAM _________________________________________________________________
Date:
2026.03.27
13:20:22
+0530 Mr. Jigar agarwal (Thr. VC) a/w. Ms. Gayatri Gupta a/w. Ms. Suman
Mourya, Advocate for Applicant.
Ms. Gauri Rao, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 24th MARCH, 2026.
P.C. :
1. Heard learned counsel for the Applicant and learned APP for
the State.
2. By this Application, the Applicant is seeking regular bail in
Crime No 680/2024 registered with Shirur Police Station, Dist. Pune for
the offences punishable under Sections 103(1), 103(5) of the Bhartiya
Nyaya Sanhita, 2023.
3. It is prosecution’s case that on 01/08/2024, Applicant and co-
accused assaulted the deceased and murdered him on the ground of
domestic dispute.
4. It is contention of learned counsel for the Applicant that there is
delay in lodging the complaint. As per prosecution’s case the Applicant
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18-BA-585-2026 (CR).doc
TIKAM
was assaulted the deceased on 01/08/2024, he died on 05/08/2024 and
FIR was lodged on 08/08/2024. The Applicant has no antecedents.
Applicant is behind bars for more than 18 months. There is no progress in
the trial. It will take time to conclude the trial and requested to allow the
application.
4. It is contention of learned APP that Applicant and co-accused
brutely assaulted the deceased. Postmortem report shows that there are
severe injuries caused due to assault sby the Applicant and co-accused. If
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 and perused the charge-
sheet, documents produced on record.
6. It appears from record that incident happened on 01/08/2024
and deceased died on 05/08/2024. The FIR was lodged on 08/08/2024.
To prove the case against the Applicant, evidence is required Applicant is
behind bars for more 18 months, yet charge is not framed. There is no
progress in the trial.
7. Considering these facts, I pass the following order:
(i) The Applicant- Nagresh Bajirav Kale be released on bail in
Crime No 680/2024 registered with Shirur Police Station, Dist. Pune, on
furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the
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18-BA-585-2026 (CR).doc
TIKAM
like amount.
(ii) Applicant shall not enter in Pune City till recording evidence of
the first informant as well as injured.
(iii) The Applicant shall not tamper with the evidence and/or
influence the prosecution witnesses.
(iv) The Trial Court shall decide the case on its own merits and in
accordance with law, uninfluenced by the observations made in this order.
(v) The Applicant shall attend the concerned police station as and
when called and cooperate with the investigating officer.
(vi) Bail Application is allowed in the aforesaid terms.
(SHIVKUMAR DIGE, J.)
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