Bombay High Court

SHRINIWAS DNYANESHWAR LONEversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The application for regular bail is allowed, subject to prescribed conditions.

Summary

The High Court considered the bail application of Shriniwas Dnyaneshwar Lone, accused No.4 in a murder case (C.R. No.65 of 2026) where the prosecution alleged that the victim, Somnath Bobade, was killed in a moving car. The sole basis for Lone’s implication was the statement of co‑accused Bandu Bhise made while in police custody, with no other material linking him to the crime. The applicant argued that he had no criminal antecedents and that his continued detention was unwarranted. The court noted that the prosecution case relied on circumstantial evidence and that the applicant’s involvement was not substantiated beyond the co‑accused’s statement. Consequently, the court granted regular bail on condition of a Rs.50,000 bond, sureties, and compliance with reporting and non‑tampering conditions.

Issues considered

Whether bail should be granted to an accused whose only incriminating evidence is a co‑accused’s statement
Whether the nature of the alleged murder offence precludes regular bail in the absence of additional material
Whether the applicant’s lack of criminal antecedents and prolonged pre‑trial detention justify bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 140(1), 238, 3(5), 61(2)

Subjects

bail
regular bail
co‑accused testimony
circumstantial evidence
murder
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
pre‑trial detention

Judgment

908-BA-727-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 727 OF 2026
Shriniwas Dnyaneshwar Lone ...Applicant
Versus.
State of Maharashtra and Anr. ...Respondents
-------
Mr. Kuldeep Nikam a/w Onkar Bajaj, Advocate for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
Mr. Nitin Bhosale, Lonand Police Station, is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 8th October, 2026.
P.C. :

1. Heard, Mr. Kuldeep Nikam, learned Advocate for the Applicant

and Dr. A. A. Takalkar, learned APP for the Respondent – State.

2. By the present Application filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks regular

bail in connection with C.R. No. 65 of 2026, registered at Lonand Police

Station, for offences punishable under Sections 103(1), 61(2), 140(1),

238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Mr. Kuldeep Nikam, learned Advocate for the Applicant, states

that there are four (4) accused in C.R. No. 65 of 2026, Applicant being

Accused No. four (4).

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908-BA-727-2026.doc

4. The prosecution case is that the accused in C.R. No. 65 of 2026

took Somnath Bobade (deceased) from Kalamboli, Mumbai and

murdered him in a moving car by tying a rope around his neck.

5. The Applicant was arrested on 10.02.2026. Regular Bail

Application No. 105 of 2026, filed by the Applicant, was rejected by the

Additional Sessions Judge, Wai (“Trial Court”), vide order dated

15.07.2026.

6. Mr. Kuldeep Nikam, learned Advocate for the Applicant, submits

that the Applicant is not involved in the Crime No. 65 of 2026.

Referring to the material placed on record in this Application, he

submits that the Applicant has been implicated as an accused in Crime

No. 65 of 2026 solely on the basis of the statement of the co-accused,

i.e. Bandu Bhise, who is Accused No. 1 in the said crime. He further

submits that apart from the said statement, no other material on record

indicates the Applicant's involvement in the present crime.

7. Dr. A. A. Takalkar, learned APP for the Respondent – State,

submits that although the Applicant has been implicated on the basis of

a statement of a co-accused, a CDR on record indicates that the

Applicant was in communication with the other co-accused.

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908-BA-727-2026.doc

8. Perused the records with the assistance of the learned Advocates

for the parties.

9. The prosecution case is based on circumstantial evidence.

10. As submitted by Mr. Kuldeep Nikam, learned Advocate for the

Applicant and not contested by Dr. A. A. Takalkar, learned APP, the

Applicant's involvement in Crime No. 65 of 2026 is based on the

statement made by accused no. 1 ( Bandu Bhise), made while in police

custody. Apart from that statement, no other material on record

indicates the Applicant's complicity in Crime No. 65 of 2026.

11. The Applicant has been in jail since 10.02.2026.

12. Considering the aforesaid circumstances and the Applicant having

no criminal antecedents, as submitted by Mr. Kuldeep Nikam, learned

Advocate for the Applicant, the continuation of the Applicant in jail

pending trial is not warranted.

13. This application is therefore allowed on the following terms :-

(a) Applicant is directed to be released on Bail

in connection with C.R. No. 65 of 2026, registered

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908-BA-727-2026.doc

with Lonand Police Station, upon furnishing a P.R. Bond

in the sum of Rs. 50,000/- (Rupees Fifty Thousand

Only) with one or two sureties, in the like amount, to

the satisfaction of the Additional Sessions Judge, Wai.

(b) Applicant shall not, directly or indirectly,

make any inducement, threat or promise to any person

acquainted with the facts of the case to dissuade that

person from disclosing the facts to the Court or any

police officer. Applicant shall not tamper with evidence.

his release from jail, provide to the Investigating

Officer, Lonand Police Station, his residential address

with proof, the contact numbers and must inform the

Investigating Officer about the change in the same from

time to time.

(d) Applicant shall report to the Investigating

Officer, Lonand Police Station, on the 2nd Monday of

each month, from 10:00 a.m. to 11:00 am, till the

framing of charge in crime No. 65 of 2026.

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908-BA-727-2026.doc

(e) Applicant shall regularly appear before the

Trial Court, as and when the matter is fixed, unless

specifically exempted.

(f) 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.

14. The observations made in this order are prima facie for deciding

the Bail Application and will not affect the trial proceedings.

15. Bail Application No. 727 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.08
21:11:13
+0530

Arjun 5

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