Bombay High Court
AKSHAY BABASAHEB KADAMversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
Bail is granted because the applicant was not identified by any witness and continued detention is not warranted.
Summary
The applicant, Akshay Babasaheb Kadam, was arrested in connection with a robbery of a bus carrying silver and gold on 22‑23 December 2025. The prosecution alleges that a group of seven accused, including the applicant, used force to seize the parcels, and material recovered from the applicant’s possession is presented as evidence, along with CDR data indicating his presence at the scene. The applicant contends that he was never identified by any witness, no test identification parade was conducted, and the co‑accused have already been released on bail. The trial court rejected his bail application, but the High Court noted the lack of identification, the release of similarly situated co‑accused, and the large number of witnesses that would prolong detention. Consequently, the Court held that continued incarceration was not warranted and granted regular bail with standard conditions. The bail order was issued under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- What is the appropriate exercise of discretion in granting bail under Section 483 B.N.S.S. when the accused has not been identified by witnesses and co‑accused are on bail?
- Does the recovery of stolen material from the accused and CDR evidence suffice to justify denial of bail in the absence of positive identification?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 309(4), 311, 3(5), 61(2)
Subjects
- bail
- identification parade
- robbery
- evidence
- material recovery
- CDR evidence
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
Judgment
9-BA-901-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 901 OF 2026
Akshay Babasaheb Kadam …...Applicant
Versus.
The State Of Maharashtra & Anr. …...Respondents
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Mr. Ramanik Pawar a/w. Mr. Abhishek Shah, Mr. Amit Waykool, Ms.
Puja Deshmukh, Mr. Nadeem Shaikh & Mr. Parvej Nadaf i/b. Mr.
Ruturaj Patil for Applicant.
Mr. C.D. Mali, A.P.P. for Respondents-State.
Officer : PSI Mr. A. Pawar, Vadgaon Police Station, Dist. Kolhapur,
present.
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Coram : ASHWIN D. BHOBE, J.
Date : 29th September 2026.
PER COURT :
1. Heard Mr. Ramanik Pawar, learned Advocate for the Applicant and Mr.
Mali, learned A.P.P. for the Respondents-State.
2. By the present application under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.), the Applicant seeks Regular Bail in
connection with Crime No. 664 of 2025, dated 23 rd December 2025,
registered at Vadgaon Police Station, District Kolhapur, for offences
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9-BA-901-2026 (CR).docx
punishable under Sections 3(5), 309(4), 311, 61(2) and 238 of the Bharatiya
Nyaya Sanhita, 2023 (B.N.S.).
3. Mr. Ramanik Pawar, learned Advocate for the Applicant, states that
there are seven (7) accused in Crime No. 664 of 2025. He states that the
Applicant is Accused No. 1 and one of the Accused is CCL. He further states
that Crime No. 664 of 2025 is registered as Sessions Case No. 68 of 2026 and
is pending before the Additional Sessions Judge, Kolhapur (“Trial Court”).
4. The prosecution case is that on 22 nd December 2025, at about 11:00
p.m., the Informant (Machindra Anandrao Bobade) was travelling in an
Ashoka Travels bus carrying three parcels containing 60 kg of silver and 10
grams of gold from Kolhapur to Mumbai. When the bus reached near Tawade
Hotel, Kolhapur, three unknown persons boarded the bus. They had masked
their faces with handkerchiefs. At around 12:00 midnight, when the bus
passed the Wathar Bridge, the three persons got down to urinate , then
returned and sat in the bus cabin. When the bus reached the highway, they
took out a sickle from their bag, pointed it at the cleaner, and asked the
driver (Jijabai Mandre) to stop the bus. When the bus was stopped, the other
accused persons arrived on a motorcycle and a four-wheeler. They threatened
the driver, cleaner, and the informant and instructed them to open the bus
dickey. They removed the parcels containing silver and gold and fled from the
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spot.
5. The Police arrested the Applicant on 23 rd December 2025. Bail
Application, Exhibit 17, filed by the Applicant in Sessions Case No. 68 of
2026, was rejected by the Trial Court on 18th August 2026.
6. Mr. Ramanik Pawar, learned Advocate for the Applicant, submits that
the accused have not been identified by any of the witnesses. He submits that
the Applicant has been implicated solely on the basis of the recovery of
material shown to have been made at the Applicant's instance. He submits
that no other material links the Applicant to the crime. He further submits
that the Trial Court and the Juvenile Justice Board have released co-accused
Nos. 2 to 7 on bail.
7. Mr. Ramanik Pawar, learned Advocate for the Applicant, states that the
Applicant has no criminal antecedents of a similar nature. However, the
Applicant is involved in a gambling offence.
8. Mr. Mali, learned A.P.P. for the Respondents-State, submits that the
material robbed from the bus, which has been recovered from the Applicant,
shows that the Applicant and the other accused are involved in the crime. He
further submits that there is CDR evidence indicating the Applicant's presence
at the scene of the crime.
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9. Perused the record with the assistance of the learned Advocates.
10. A perusal of the F.I.R. indicates that the accused persons referred to
therein are unidentified. The witnesses, namely, the driver of the bus and the
Informant, whose statements have been recorded, have not identified the
Applicant.
11. Apparently, no Test Identification Parade has been conducted in Crime
No. 664 of 2025.
12. Considering the aforesaid circumstances, including the Applicant not
being identified, the co-accused, similarly placed as the Applicant, being
released on bail by the Trial Court, the charge-sheet being filed and the stolen
material being recovered, the Applicant's continued detention pending trial in
Sessions Case No. 68 of 2026 is not warranted. The prosecution has enlisted
34 witnesses the trial will take time to conclude.
13. In view of the above, the Bail Application is allowed on the following
terms and conditions :
(i) The Applicant in Crime No. 664 of 2025, dated 23 rd December
2025, registered with Vadgaon Police Station, District
Kolhapur, shall be released on bail upon furnishing a P.R. bond
of Rs. 50,000/- (Rupees Fifty Thousand only), with one or
two sureties in the like amount to the satisfaction of the Trial
Court in Sessions Case No. 68 of 2026.
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(ii) The Applicant shall not directly or indirectly make any
inducement, threat or promise to any person/s acquainted
with the facts of the case to dissuade such person/s from
disclosing the facts to the Court or any police officer.
(iii) The Applicant shall, within three (3) days of his release,
provide the Investigating 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.
(iv) The Applicant shall appear and report to the Investigating
Officer at Vadgaon Police Station, District Kolhapur, from
10:00 a.m. to 11:00 a.m., on the second Monday of every
month commencing from 12th October 2026 till the conclusion
of the trial in Sessions Case No. 68 of 2026.
(v) The Applicant shall regularly appear in Sessions Case No. 68
of 2026 pending before the Trial Court, unless specifically
exempted. If the Applicant fails to appear before the Trial
Court on the fixed date in Sessions Case No. 68 of 2026, the
same will be considered a breach of condition and the Trial
Court will be at liberty to pass appropriate orders.
14. The Criminal Bail Application No. 901 of 2026 is allowed in aforesaid
terms.
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.30
[ ASHWIN D. BHOBE, J. ]
10:23:43
+0530
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