Bombay High Court
RAVIKANT BHANUDAS GAIKWADversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to the stipulated conditions.
Summary
The Bombay High Court considered a bail application filed by Ravikant Bhanudas Gaikwad, accused No.2 in a murder case involving three victims, where the prosecution’s case relied solely on the confessional statement of accused No.1. No other material evidence or motive for the applicant was presented, and the other three accused had already been released on bail. The court noted the lack of a prima facie case against the applicant and, applying Section 483 of the BNSS and Section 439 of the CrPC, decided to grant bail. Bail was conditioned on a personal bond, sureties, regular reporting to the investigating officer, and compliance with various restrictions. The order expressly limited its observations to bail and did not address the merits of the case.
Issues considered
- Whether bail should be granted to accused No.2 when the prosecution’s case is based only on a confessional statement of another accused.
- Whether the prosecution has established a prima facie case or motive against the applicant.
- Whether parity with other co‑accused already released on bail warrants granting bail to the applicant.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 105, 238, 3(5), 61(2), 90
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Code of Criminal Procedure, 1973 — s. 439
Subjects
- bail
- confessional statement
- prima facie case
- criminal procedure
- parity
- BNSS
- BNS
- Section 483
- Section 439
Judgment
41. BA 672-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 672 OF 2026
Ravikant Bhanudas Gaikwad .Applicant
Vs.
The State of Maharashtra .Respondent
ANAND Mr. Aniket Vagal a/w. Ms. Savvy Kolhekar & Ms. Juhi Kadu, Advocates,
SUDHAKAR
SUDAME for the Applicant
Digitally signed by
ANAND SUDHAKAR Ms. Anuja S. Gotad, APP, for the Respondent – State
SUDAME
Date: 2026.10.07
16:13:33 +0530
CORAM : MILIND N. JADHAV, J.
DATE : 05.10.2026
P. C.
1. Heard Mr. Vagal, learned Counsel for the Applicant and
Ms. Gotad, learned APP for the Respondent – State.
2. This Application is filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) and under Section
439 of the Code of Criminal Procedure, 1973 (for short “CRPC”) in
connection with C.R.No.160 of 2024 registered with Talegaon MIDC
Police Station, Pune for offences punishable under Sections 103(1),
105, 238, 90, 3(5) & 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for
short “BNS”).
3. The Applicant is arraigned as Accused No. 2 in the present crime.
He has been indicted in this offence on the confessional statement of
Anand 1 of 5
41. BA 672-2026.doc
the Accused No. 1 briefly stated there are five Accused persons, who
are indicted of having murdered the victim. There are three victims in
the present case. The victim No. 1 appears to be the mother of victim
Nos. 2 & 3, who are her minor children. The case of the prosecution
against the Accused persons is that Accused No. 1 – Gajendra was in a
relationship with victim No. 1 and according to the prosecution case,
Accused No. 1 with the aid and assistance of the other four Accused
persons has killed the three victims and disposed of their bodies. How
the disposal of the bodies has been done by Accused No. 1 is not clear
but on a confessional statement being recorded the case of the
prosecution is that he has dumped their bodies into the river and the
bodies have not been found till date. The other three Accused persons
namely Accused Nos. 3, 4 & 5 have already been enlarged on bail by
this Court.
4. It is argued by Ms. Gotad vehemently that the role of these three
Accused persons, who have been enlarged on bail is completely
different than that of Accused Nos. 1 and 2. The entire case of the
prosecution is based on confessional statement of Accused No. 1.
Insofar as Accused No. 2 is concerned, his name has been reflected in
the second supplementary statement recorded by the prosecution of the
Accused No. 1, where he has stated that Accused No. 2 was
Anand 2 of 5
41. BA 672-2026.doc
accompanying Accused No. 1 in the commission of the crime in
question. Save and except the aforesaid confessional statement, there is
no other material placed on record by the prosecution. Motive for
Accused No. 2 namely the Applicant before me is also not established.
Considering the fact that it is the prosecution case that it was Accused
No. 1, who was in a relationship with victim No. 1 and therefore, he
may have the motive to commit the crime in question. The Applicant is
arrested on 22.07.2024 and he is incarcerated for the past more than
two years and two months. Considering parity and case of the
prosecution, I am inclined to consider the Applicant’s case for grant of
bail.
5. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
(i) Applicant – Ravikant Bhanudas Gaikwad is directed to
be immediately released from prison in connection with
CR. No. 160 of 2024;
(ii) Applicant is directed to be released on bail on furnishing
P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand
only) with one or two sureties of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Anand 3 of 5
41. BA 672-2026.doc
Talegaon MIDC Police Station, Pune, once every month,
on the first Monday of the month between 10:00 a.m. to
12:00 p.m. until commencement of trial and thereafter
shall attend all dates of hearing before the Trial Court;
(iv) Applicant shall co-operate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current residential address and mobile telephone
number and shall forthwith inform the Investigating
Officer of any change in his residential address or
mobile telephone number, as and when such change
occurs; and
(viii)Any breach or infraction of any of the aforesaid
Anand 4 of 5
41. BA 672-2026.doc
conditions shall entail cancellation of the bail granted to
the Applicant.
6. It is clarified that the observations made in this order are limited
for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
7. Bail Application is allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 5 of 5
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