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Bombay High Court

DARSHAN GORAKH GAIKWADversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The applicant is entitled to bail on the principle of parity and bail is granted with conditions.

Summary

The applicant, Darshan Gorakh Gaikwad, was charged under multiple sections of the IPC, the Criminal Law Amendment Act, the Arms Act and the Maharashtra Police Act for an alleged assault with intent to kill on 25 June 2023. He had been in custody for over two and a half years while all co‑accused had been released on bail. The applicant sought regular bail, arguing that the trial had made no progress and that parity required his release. The State opposed bail, citing the seriousness of the offences and the risk of the applicant threatening witnesses. The Court, noting the applicant’s prolonged detention and the bail granted to co‑accused, held that he was entitled to bail on the principle of parity, subject to strict conditions, and ordered his release on a bond of Rs.30,000 with sureties and prohibitions on tampering with evidence or contacting witnesses.

Issues considered

  • Whether bail should be granted to the applicant after prolonged pre‑trial detention despite the seriousness of the offences.
  • Whether the risk of witness intimidation or evidence tampering justifies denial of bail.
  • Whether the principle of parity with co‑accused who have been released on bail mandates granting bail to the applicant.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • parity
  • witness tampering
  • IPC offences
  • Arms Act
  • Maharashtra Police Act

Judgment

                                                                           13-BA-846-2026 (CR).doc


                      Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                   CRIMINAL BAIL APPLICATION NO. 846 OF 2026

                      Darshan Gorakh Gaikwad                          ….Applicant
                      versus
                      The State of Maharashtra                        ….Respondent
                      _________________________________________________________________

                      Mr. Akshay Bankapur, Advocate for Applicant.
                      Mr. S. S. Pednekar, APP for Respondent-State.
                      _________________________________________________________________

                                                          CORAM      :   SHIVKUMAR DIGE, J.
                                                          DATE       :   10th APRIL, 2026.
                      P.C. :

                      1.         By this application, the applicant is seeking regular bail in

                      Crime No. 164 of 2023 registered with Mhasrul Police Station, District

                      Nashik, for the offences punishable under Sections 307, 323, 504 and 506

                      read with 34 of the Indian Penal Code 1860, Section 7 of the Criminal Law

                      Amendment Act, Section 4 read with 25 of the Arms Act and Section 135

                      of the Maharashtra Police Act.

                      2.         It is prosecution's case that on 25th June 2023, around 11:30

                      pm, the applicant and co-accused assaulted the friends of the first
SHUBHADA
SHANKAR
KADAM                 informant with the intention to kill them.
Digitally signed by
SHUBHADA              3.         It is contention of learned counsel for the applicant that the
SHANKAR KADAM
Date: 2026.04.15
19:58:11 +0530
                      applicant is behind bars for more than two years and six months, yet there



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Shubhada S Kadam


is no progress in the trial. All co-accused except the applicant have been

released on bail. It may take time to conclude the trial and requested to

allow the application.

4.         It is contention of learned APP that the applicant and accused

assaulted the injured with a sharp weapon with the intention to kill them

on the ground of an old dispute. If the applicant is released on bail, he

may threaten the prosecution witnesses; and requested to reject the

application.

5.         I have heard both learned counsel, perused charge-sheet and

documents produced on record. The applicant is behind bars for more than

two years and six months. All other co-accused, against whom similar

allegations are levelled, have been released on bail, hence, the applicant

is entitled to bail on the principle of parity. Considering these facts, I pass

following order:

                                   ORDER

       (i) The applicant be enlarged on bail in Crime No. 164 of 2023

            registered with Mhasrul Police Station, District Nashik, on

            executing P.R.Bond in the sum of Rs.30,000/- with one or two

            sureties in the like amount.

       (ii) The applicant shall attend the concerned police station as and

            when required.


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                                                       13-BA-846-2026 (CR).doc


Shubhada S Kadam


       (iii) The applicant shall not enter the jurisdiction of Moshi Police

           Station till the conclusion of the trial.

       (iv) The applicant shall not tamper with the evidence or attempt to

           influence or contact the complainant, witnesses or any person

           concerned with the case.

           The application is allowed in the aforesaid terms and is

accordingly disposed of.

6.         It is made clear that the above observations are made only for

the purpose of granting bail and the Trial Court shall decide the case on its

own merits in accordance with law and uninfluenced by the observations

made in this order.

7.         All concerned to act on the authenticated copy of this order.



                                               (SHIVKUMAR DIGE, J.)




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