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Bombay High Court

ANKITA RANJIT NIMBALKARversusSTATE OF MAHARASHTRA

Decided
Disposal
Rejected

Holding

The court denied bail, holding that the applicant’s alleged role in summoning the co‑accused and the seriousness of the offences preclude release.

Summary

The applicant, Gautam Shahajirao Kakade, was arrested for offences including murder (IPC s.302) and several other IPC and Arms Act sections arising from an altercation over a unpaid amount for a bullock, during which a co-accused shot the deceased. The prosecution alleges the applicant called the co-accused, who then used a pistol, while the defence contends the applicant had no knowledge of the weapon and the act was not pre‑meditated. The applicant, detained for over one and a half years with the trial only at the charge‑framing stage, sought regular bail, citing prolonged incarceration and lack of production on numerous dates. The court examined eyewitness statements indicating the applicant threatened the deceased and summoned the co‑accused, finding prima facie involvement. Consequently, the bail application was rejected, and the court directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to an accused charged with murder and related offences given the seriousness of the crime and alleged involvement.
  • Whether the applicant’s alleged lack of knowledge of the firearm and absence of pre‑meditation warrant bail.
  • Whether the prolonged pre‑trial detention and delay in trial justify bail.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • pre‑meditation
  • trial delay
  • serious offences

Judgment

                                                         912-ba-4588-2025.doc




     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          CRIMINAL APPELLATE JURISDICTION

     CRIMINAL BAIL APPLICATION NO. 4588 OF 2025

Gautam Shahajirao Kakade                             ...Applicant

      VERSUS

The State of Maharashtra                             ...Respondent

                          WITH
           INTERIM APPLICATION NO. 4801 OF 2025

                                      ….
Sr. Adv. Mr. Abad Ponda, a/w Mr. Ranjeet M. Pawar, Mr.
Bhargav Pataskar, Mr. Atharva Galinde, Advocate for the
Applicant.
Smt. Mankuwar M. Deshmukh, PP with V. N. Sagare, A.P.P. for
the Respondent – State.
Mr. Kuldeep Patil, a/w Mr. Shailesh Chavan, Mr. Hrishikesh
Avhad, Ms. Sanika Joshi, Mr. Sachin Pawar, Advocate for the
Intervener.

                                       ….


                             CORAM       :     N. R. BORKAR, J.
                             DATE        :     08.01.2026.

P.C.:


1.                This is an application for regular bail.


2.                The applicant came to be arrested in Crime No.

283 of 2024 registered at Wadgaon Nimbalkar Police

Station, Dist-Pune for the offences punishable under

Sections 302, 307, 143, 147, 148, 149, 352, 504, 506 and

Pramod S.Lakare                     1 of 4
                                                      912-ba-4588-2025.doc




201 of the Indian Penal Code and under Section 3, 25, 29,

& 30 of the Arms Act.


3.                According to the prosecution, on the date of

incident, which took place on 27.06.2024, an altercation

took place between the deceased and the present

applicant. The cause for the said altercation was non-

payment of certain amount towards sale of bullock by the

deceased to the applicant. The deceased was asking the

applicant to pay remaining amount, or else he would take

back his bullock. It is alleged that the applicant got

annoyed and called the other co-accused. It is alleged that

one of the co-accused came with a pistol and fired at the

deceased. The bullet hit the head of the deceased. It is

alleged that the deceased died due to firearm injury.


4.                I have heard the learned senior counsel for the

applicant, the learned PP for the respondent/State and the

learned counsel for the first informant.


5.                The learned senior counsel for the applicant

submits that the applicant had no knowledge that the co-

accused was carrying pistol. It is submitted that all of

sudden the said co-accused took out the pistol and he



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fired at the deceased. It is submitted that even otherwise

the incident was not premeditated. The learned senior

counsel has drawn my attention to the order passed by

this Court dated 23.01.2025 in Criminal Bail Application

No. 5079 of 2024. By the said order, the applicant was

permitted to withdraw his earlier bail application with

liberty to file fresh bail application after nine months. The

learned senior counsel for the applicant submits that the

applicant is in jail for more than one and half years and

the trial is still at the stage of framing of charge and thus

trial is not likely to be concluded in near future. It is

submitted that the applicant was not produced before the

trial Court on at least 35 dates.


6.                On the other hand, the learned PP for the

Respondent/State and the learned counsel for the first

informant submit that the case is based on direct

evidence. It is submitted that the present applicant is

instrumental for the crime in question, as he called the

other co-accused. It is submitted that, considering the

nature of crime, the applicant may not be released on bail

and the trial be expedited.


7.                I have perused the First Information Report and

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the statement of eye witnesses. It appears from the

statement of eye witnesses that during altercation the

present applicant had threatened the deceased that he

would see how he takes back the bullock and then called

the other co-accused. The said threat would prima-facie

show that the co-accused were called to assault the

deceased. Considering the overall facts and circumstances

of the case, I am not inclined to release the applicant on

bail. The application is rejected. However, the trial Court

shall endeavour to conclude the trial as early as possible.


8.                The interim application stands disposed of.




                                             (N. R. BORKAR, J.)




Pramod S.Lakare                    4 of 4


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