Bombay High Court
SANDEEP BALU KAMBLEversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- Allowed
Holding
The court granted bail, holding that continued custody was not warranted given the lack of direct evidence against the applicant.
Summary
The applicant, Sandeep Balu Kamble, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in a case involving alleged fake currency offences under Sections 178, 179, 180 and 181 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. He is accused No.6 in a nine‑accused case, primarily on the basis of statements made by co‑accused while in police custody, with no material seized from him. The trial court had rejected his bail plea, but the appellate court noted the lack of any direct evidence against him and the fact that another similarly situated accused had been released on bail. Considering these circumstances, the court ordered his release on bail subject to a bond of Rs.1,00,000 and several reporting and conduct conditions. The bail application was consequently disposed of with bail granted.
Issues considered
- What is the appropriate exercise of discretion under Section 483 BNSS when the only material against an accused is co‑accused statements and no direct recovery?
- Whether continued custody of the applicant is warranted in the absence of any seized material or direct evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 178, 179, 180, 181, 3(5)
Subjects
- criminal bail
- co‑accused statements
- insufficient evidence
- Section 483 BNSS
- Bharatiya Nyaya Sanhita offences
- bail conditions
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 663 OF 2026
Sandeep Balu Kamble ….Applicant
Versus.
The State Of Maharashtra and Anr. ....Respondents
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Mr. Viraj Nalawade a/w Ms. Tanvi Lad, Ms. Sharvari Tipugade and Mr.
Girish Mujumdar, for Applicant.
Mr. Nitin B. Patil, A.P.P., for Respondent Nos.1 and 2 - State.
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Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.10.07
10:43:57
+0530
CORAM : ASHWIN D. BHOBE, J.
DATE : 6th OCTOBER, 2026.
P.C.
1. Heard, Mr. Viraj Nalawade, learned Advocate for the Applicant
and Mr. Nitin B. Patil, learned A.P.P. for the Respondent – State.
2. By the present Application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the
Applicant seeks Regular Bail in Crime No. 256 of 2025, registered at the
Mahatma Gandhi Chowk Police Station, Miraj, District Sangli, for offences
punishable under Sections 178, 179, 180 and 181 read with Section 3(5)
of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”).
Shantanu S. Dhudum
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3. Mr. Viraj Nalawade, learned Advocate for the Applicant, states
that there are nine (9) accused in Crime No.256 of 2025, with the
Applicant being Accused No.6. He states that Crime No.256 of 2025 has
been registered as Sessions Case No.16 of 2026 and is pending before the
Additional Sessions Judge, Sangli (“Trial Court”).
4. In brief, the prosecution case is that on 8 th October 2025, upon
receipt of information about fake currency notes in the custody of Accused
No.1 (Suprit K. Desai), the police conducted a raid and seized 84 fake
currency notes of Rs.500/- denomination from Accused No.1. During the
course of the investigation into Crime No.256 of 2025, the roles of the
other eight (8) accused were revealed. The Applicant was added as an
accused based on the investigation.
5. Applicant was arrested on 11th November 2025. Bail Application
at Exhibit-50 filed by the Applicant in Sessions Case No.16 of 2026 was
rejected by the Trial Court on 16th May 2026.
6. Mr. Viraj Nalawade, learned Advocate for the Applicant, submits
that the Applicant is arrayed as an accused in Crime No.256 of 2025, on
the basis of a statement by a co-accused. He further submits that apart
from the statement of the co-accused implicating the Applicant, there is no
other material indicating the Applicant's involvement in the present crime.
Shantanu S. Dhudum
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7. Mr. Nitin B. Patil, learned A.P.P. for the Respondent – State,
submits that during the investigation in Crime No.256 of 2025, the
Accused Nos. 2 to 4 disclosed the name of the Applicant. He submits that
the statements of the said co-accused clearly demonstrate the involvement
of the Applicant in the present crime. He submits that certain CDRs
indicate that the Applicant had telephone conversations with the co-
accused.
8. Perused the record with the assistance of the learned Advocates
for the parties.
9. As submitted by Mr. Viraj Nalawade, learned Advocate for the
Applicant, there is no material on record indicating the Applicant's
involvement in Crime No.256 of 2025. Apparently, the Applicant has been
arrayed as Accused No.6 in Crime No.256 of 2025 based on statements
made by co-accused Nos.2 to 4 while in police custody.
10. The records placed on file in this Application do not show any
recovery at the instance of the Applicant. Further, nothing was seized at the
instance of the Applicant. The recoveries in Crime No.256 of 2025, as
reflected in the documents placed on record at page Nos.55 and 60, show
that the notes, stamp, dye, paper, printer, etc. were recovered at the
instance of Accused Nos.1 to 5.
Shantanu S. Dhudum
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11. Accused No.7 (Abhijit Rajendra Powar), against whom the
allegations in Crime No.256 of 2025 are like those against the Applicant,
has been released on bail by the Trial Court vide order dated 25th March
2026. Mr. Viraj Nalawade, learned Advocate for the Applicant, has
tendered a photostat copy of the order dated 25 th March 2026, which is
taken on record and marked as “X” for identification.
12. Considering the nature of the allegations against the Applicant
and the aforesaid circumstances, the Applicant's continued custody
pending the trial of Sessions Case No. 16 of 2026 is not warranted. Hence,
the following order:
ORDER
A) The Applicant – Sandeep Balu Kamble, is directed to be
released on bail in connection with Crime No.256 of 2025
registered at Mahatma Gandhi Chowk Police Station, Miraj,
District Sangli, upon furnishing a P.R. Bond in the sum of
Rs.1,00,000/- (Rupees One Lakh only), with one or two
sureties in the like amount, to the satisfaction of the
learned Additional Sessions Judge, Sangli in Sessions Case
No. 16 of 2026.
B) The Applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted
Shantanu S. Dhudum
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with the facts of the case so as to dissuade such person
from disclosing such facts to the Court or to any police
officer, nor shall the Applicant tamper with the evidence.
C) The Applicant shall, within three days of his release from
jail, furnish to the Investigating Officer, Mahatma Gandhi
Chowk Police Station, Miraj, District Sangli, his residential
address along with proof thereof and his contact numbers,
email and shall inform the Investigating Officer of any
change therein from time to time.
D) The Applicant shall report to the Investigating Officer,
Mahatma Gandhi Chowk Police Station, Miraj, District
Sangli, on the second Monday of every month from 10.00
a.m to 11.00 a.m., till the conclusion of the trial in Sessions
Case No. 16 of 2026.
E) The Applicant shall regularly appear before the Trial Court
in Sessions Case No. 16 of 2026 as and when the matter is
fixed, unless specifically exempted. If the Applicant fails to
appear before the Trial Court on the fixed date, the same
shall be treated as a breach of this condition and the Trial
Court shall be at liberty to pass appropriate orders.
Shantanu S. Dhudum
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F) The Applicant shall not be involved in any offence of a
similar nature to the present Crime No.256 of 2025.
G) 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. Criminal Bail Application No.663 of 2026 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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