Bombay High Court

AVINASH GOPICHAND KHEDEKARversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The Court granted bail, holding that the applicant’s continued detention was not warranted as the prosecution failed to produce any material linking him to the alleged offences.

Summary

Avinash Gopichand Khedekar was arrested on suspicion of involvement in an explosion caused by hand‑grenades while bamboo cutting in Ratnagiri. The prosecution alleged that grenades were planted for hunting, but no material linked the applicant to the planting or the explosion. The applicant filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after a lower court had dismissed his earlier bail plea. The High Court examined the record and found that the arrest was based solely on suspicion with no substantive evidence. Consequently, the Court held that continued detention was unwarranted and ordered his release on bail with a personal bond and sureties, imposing standard conditions. The bail application was disposed of by granting bail.

Issues considered

What is the appropriate exercise of discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when the accused is arrested solely on suspicion without material evidence?
Whether the applicant’s continued detention is justified in view of the lack of evidentiary linkage to the alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Explosive Substance Act, 1908.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 125(a), 125(b), 288, 3(5)
Explosive Substance Act, 1908 — s. 3, 4, 5

Subjects

bail
criminal procedure
suspicion
explosive substances
Section 483
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
Explosive Substance Act
High Court of Bombay
Ratnagiri

Judgment

7- BA-772-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 772 OF 2026

Avinash Gopichand Khedekar … Applicant
Versus
The State of Maharashtra & Anr. … Respondents

----
Mr. Sameer P. Dalvi a/w. Mr. S.D. Nakhare, Mr. Aarya Ambulkar & Mr.
Vaibhav Arage for the Applicant.
Mr. Shrikant H. Yadav, A.P.P. for the Respondents-State.
Officer : PSI Dispise and HC/1446 Monde, Jaygad Police Station, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 19th August 2026.

PER COURT :

1. Heard Mr. Sameer Dalvi, learned Advocate for the Applicant and Mr.

Yadav, learned A.P.P. for the Respondents-State.

2. By the present Application under Section 483 of the Bharatiya Nagarik

Suraksha Sanhita, 2023, the Applicant seeks Regular Bail in connection with

Crime No. 28 of 2026, dated 19/05/2026, registered at Jaygad Police Station,

District Ratnagiri, for offences punishable under Sections 125(a), 125(b),

288, and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4, and 5

of the Explosive Substance Act, 1908.

osk 1 of 4
7- BA-772-2026 (CR).docx

3. Mr. Sameer Dalvi, learned Advocate for the Applicant, states that the

Applicant is the sole accused in Crime No. 28 of 2026.

4. The prosecution case is that on 19th May 2026 Reshma Pramod Surve

(“Informant”) and her husband went to a place to cut Chiva Bamboo

(commonly known as “Manga bamboo” or stack bamboo). While cutting the

bamboo, an explosion occurred, injuring the Informant. Upon complaint to

the police, it was found that the explosion was caused by hand grenades

planted for hunting animals and birds.

5. The Applicant was arrested on 1st July 2026. Criminal Bail Application

No. 59 of 2026, filed by the Applicant, was dismissed by the Additional

Sessions Judge, Ratnagiri (“Trial Court”), on 14th July 2026.

6. Mr. Sameer Dalvi, learned Advocate for the Applicant, submits that the

Applicant has no connection whatsoever with the incident of 19th May 2026.

He submits that the Applicant was arrested 60 km away from the place of the

alleged explosion. He submits that the Applicant was arrested on suspicion.

He submits that there is no material to indicate that the Applicant played any

role in the explosion of 19th May 2026.

7. Mr. Yadav, learned A.P.P. for the Respondents-State, submits that the

Applicant was apprehended based on information from a Police source.

osk 2 of 4
7- BA-772-2026 (CR).docx

8. Perused the record.

9. The material on record does not indicate that the Applicant played any

role in planting the grenades or in the purpose for which they were allegedly

planted. The Applicant appears to have been arrested in Crime No. 28 of

2026 on mere suspicion.

10. In view of the above, the continued detention of the Applicant in jail is

not warranted. Applicant is entitled to bail.

11. Hence, the following order :-

(a) The Applicant - Avinash Gopichand Khedekar, be released on

bail in Crime No. 28 of 2026, dated 19/05/2026, registered with

Jaygad Police Station, District Ratnagiri, upon furnishing a PR

bond of Rs. 10,000/- (Rupees Ten Thousand only), with one or

two local sureties in the like amount to the satisfaction of the

Additional Sessions Judge, Ratnagiri.

(b) The Applicant shall report to the Investigating Officer, Jaygad

Police Station, District Ratnagiri, as and when required.

inducement, threat or promise to any person/s acquainted with

the facts of the case to dissuade such person/s from disclosing

osk 3 of 4
7- BA-772-2026 (CR).docx

the facts to the Court or any police officer.

(d) The Applicant shall not tamper with evidence in any manner.

(e) The Applicant shall provide the Investigation Officer with his

residential address along with proof, his contact numbers and

must inform the Investigating Officer of any changes to this

information from time to time.

12. The Bail Application No. 772 of 2026 is disposed off.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.08.20
10:19:59
+0530

osk 4 of 4

Continue reading with your account

Checking your session…