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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

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

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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


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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
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            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

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                 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.)




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