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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

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


                                         -----
       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.
                                        -------

                                 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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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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