Nilesh Ramesh Bhingarde vs State of Maharashtra

No. 36/2025 registered with Jaigad Police Station, District Ratnagiri for offences punishable under Sections 201, 302 read with 34 of the Indian Penal Code.

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IRESH MASHAL

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Digitally signed by IRESH MASHAL Date: 2026.04.26 16:04:58 +0530

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Learned counsel for the Applicant submits that the Applicant is falsely implicated. There is inordinate and unexplained delay of 15 long months in lodging the F.I.R. The Applicant is arraigned as accused on the basis of the statement of co-accused which cannot be relied upon. Since the investigation is complete and already chargesheet is filed, further detention of the Applicant is not warranted.

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Per contra, learned APP opposed the application submitting

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1-20-2026-BA (CR).doc

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that the role of the Applicant is confessed by the co-accused. The call detail record substantiates the fact that the Applicants shared common intention. As such, prayed to reject the Application.

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Upon considering the submissions of learned counsel for the applicant, learned APP and perusal of material on record indicates that initially a missing complaint was lodged. After a lapse of more than a year, the present F.I.R. came to be lodged on the basis of statements of the co-accused. In any case, prosecution case is premised on circumstantial evidence, however, prima facie same is not seamless one. The reliability of statements of the co-accused can be delved during the trial and cannot be treated as a sole basis to withhold the liberty of the Applicant. Particularly, in absence of incriminating evidence against the Applicant. As such, further incarceration of the Applicant is unjustified. Hence, I am inclined to exercise discretion in favour of the Applicant.

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Hence, following order.

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O R D E R

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I. The bail application is allowed.

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II. Applicant, Nilesh Ramesh Bhingarde be released on bail, on furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty Thousand) with one or two local solvent sureties, in the like

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1-20-2026-BA (CR).doc

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amount, in connection with C.R. No. 36/2025 registered with Jaigad Police Station, District Ratnagiri for offences punishable under Sections 201, 302 read with 34 of the Indian Penal Code, on the following conditions :-

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(a) The applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.

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(b) The applicant shall attend the trial on each and every date unless exempted by the trial Court.

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(c) The applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers and two of the near relatives.

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(d) In case of breach of any of the conditions by the applicant, it is open for the Prosecution to move the concerned Court seeking cancellation of bail, notwithstanding the fact that this Court has granted bail to the Applicant.

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Needless to state that the observations rendered herein are to

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the extent of this application and the trial Court shall not be influenced by the same.

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[SACHIN S. DESHMUKH, J.]

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Nilesh Ramesh Bhingarde v. State of Maharashtra

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Nilesh Ramesh Bhingarde v. State of Maharashtra

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