Deepak Bhausaheb Jadhav vs the State of Maharashtra

This Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed by the Applicant seeking Regular Bail in Crime No. 238 of 2025 registered with Upnagar Police Station, Nashik, for offences punishable under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 25 of

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the Arms Act, 1959 and Section 142 read with Section 135 of the

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Maharashtra Police Act, 1951. The said Crime No. 238 of 2025 is registered as R.C.C. No. 571 of 2025 and is pending before the Judicial Magistrate First Class, Court No. 2, Nashik Road, Nashik (“Magistrate”). There are 5 accused in the present crime. The Applicant is Accused No. 2.

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Case of the prosecution is that on 07.06.2025, at around

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2:30 a.m., the Applicant and the other 4 co-accused were apprehended by the Police team while they were preparing to commit dacoity.

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The Applicant was arrested on 07.06.2025 and remains in jail as on date. The Criminal Bail Application 231 of 2025 filed by the Applicant was rejected by the Additional Sessions Judge, Nashik Road, Nashik, vide order dated 07.08.2025.

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Mr. Akshay Bankapur, learned Advocate for the Applicant, submits that Vaibhav Babaji Patekar (Accused No. 1), against whom the allegations in the crime are similar to those of the Applicant, has been released on bail by this Court vide order dated 22.04.2026, passed in Criminal Bail Application No. 1284 of 2026

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(Exhibit “C”, pages 95 to 97 of the Application paper book). He submits that, as the Applicant’s role is identical, the Applicant seeks bail on the ground of parity. He further submits that the Applicant has antecedents and that Accused No. 1 also had antecedents.

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Mr. Ameet Palkar, learned APP for the Respondent – State, submits that the offence is serious in nature and that the Applicant is a habitual offender. However, he does not dispute that the allegations made against the Applicant are similar to those made against the Accused No. 1 (Vaibhav Babaji Patekar) in the said crime.

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Perused the records.

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Records reveal that the role assigned to the Applicant is similar to that assigned to the Accused No. 1 (Vaibhav Babaji Patekar). This Court, vide order dated 22.04.2026 passed in Criminal Bail Application No. 1284 of 2026, in paragraphs 2 to 6, has made the following observations:-

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“2. It is prosecution's case that on 7th June 2025 at around 2.30 a.m., the Applicant and co-accused were apprehended by the Police team when they were preparing to commit dacoity.

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It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than ten months. The Applicant has no antecedents. There is no progress in trial. It may take time to conclude the trial, and requested to allow the Application.

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It is contention of learned APP that the Applicant has four antecedents. If the Applicant released on bail, he may abscond or threaten prosecution witnesses, and requested to reject the Application.

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I have heard both learned counsel. Perused charge-sheet and documents produced on record.

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The Applicant is behind bars for more than ten months. The investigation is completed and charge-sheet has been filed. It may take time to conclude the trial, and I pass following order.”

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In view of the above, Mr. Akshay Bankapur, learned

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Advocate for the Applicant would be justified in seeking Bail on the ground of parity.

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Mr. Akshay Bankapur, learned Advocate for the Applicant on instructions submits that the Applicant shall not enter the District of Nashik till the framing of charge in R.C.C. No. 571 of 2025, except for attending the Court dates.

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This Application is allowed on the following terms:

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(a) The Applicant in Crime No. 238 of 2025, dated 07.06.2025, registered with Upnagar Police Station, Nashik, shall be released on bail upon furnishing a PR bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one or two solvent sureties in the like amount to the satisfaction of the Judicial Magistrate First Class, Court No. 2, Nashik Road, Nashik in R.C.C. No. 571 of 2025.

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(b) Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade such person from disclosing the facts to the Court or any police officer. Applicant shall not tamper with evidence in any manner.

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(c) The Applicant shall provide the Investigating Officer Upnagar Police Station, Nashik with his residential address and proof thereof, his contact number and must inform the Investigating Officer

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Upnagar Police Station, Nashik of any changes to this information from time to time.

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(d) The Applicant shall regularly appear before the Judicial Magistrate First Class, Court No. 2, Nashik Road, Nashik, in R.C.C. No. 571 of 2025 whenever the matter is fixed, unless specifically exempted.

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(e) The Applicant shall appear before the Investigating Officer, Upnagar Police Station, Nashik on the 2^nd Saturday of each month from 11.00 a.m. to 12.00 noon till the conclusion of trial in R.C.C. No. 571 of 2025.

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(f) The Applicant shall not enter the territorial jurisdiction of the District of Nashik till the framing of charge in R.C.C. No. 571 of 2025 except for marking his appearance before the Investigating Officer, Upnagar Police Station, Nashik and appearing before the Judicial

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Magistrate First Class, Court No. 2, Nashik Road, Nashik, as and when the matter is fixed.

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