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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

Subjects

  • criminal bail
  • co‑accused statements
  • insufficient evidence
  • Section 483 BNSS
  • Bharatiya Nyaya Sanhita offences
  • bail conditions

Judgment

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                                                                                  905-BA-663-2026(CR).DOC


                                       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

                                                               -----


                         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.
                                                                -------

          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.




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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.




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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


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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.




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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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