Kaushal Mahendra Kini vs the State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

Kaushal Mahendra Kini vs the State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant to be enlarged on bail on furnishing a P.R. Bond of Rs.15,000/- with one surety in the like amount till the satisfaction of the Trial Court, subject to conditions: (c) not to enter the local jurisdiction of Kelva Sagari Police Station, Palghar till conclusion of trial; (d) not to contact the victim or any witness; (e) to attend all trial hearing dates unless exempted by specific order; (f) any breach to result forthwith in cancellation of bail.

Issue for consideration

Whether the Applicant, alleged to have abetted a co-accused's attempted rape on a deaf-and-mute victim girl (Crime No. 35/2025, Sections 64(2)(k)(m), 76, 3(5) BNS 2023), is entitled to be enlarged on bail on parity with the main accused who has already been granted bail.

Court's answer

Once the main accused charged with the offence of attempt to rape is enlarged on bail, the question of rejecting the bail application of the present Applicant, who did not himself make the said attempt, does not arise.

Ratio / Principle

As the Applicant has no criminal history, this Court finds no reason not to apply parity.

Detailed headnote1 paragraphs

Criminal Bail Application No. 4340 of 2025 (Bombay HC, Coram: R. M. Joshi, J., 21-04-2026) ALLOWED. Applicant Kaushal Mahendra Kini, booked in Crime No. 35/2025 (Kelva Sagari PS, Palghar) under Ss. 64(2)(k)(m), 76, 3(5) BNS 2023, was alleged only to have abetted a co-accused's attempted rape on a deaf-and-mute victim girl by standing guard outside. Since the main accused charged with the attempt to rape had already been enlarged on bail (Bail Application No. 4185 of 2025, order dated 11-03-2026), and the Applicant neither made the attempt nor had any criminal history, the Court found no reason not to apply parity and granted bail on a P.R. Bond of Rs.15,000/- with one surety, barring the Applicant from the Kelva Sagari PS jurisdiction till the trial concludes, prohibiting contact with the victim/witnesses, requiring attendance at trial dates, with breach attracting forthwith cancellation of bail.

Vivekanand Bonde

46-BA-4340-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 4340 of 2025

Kaushal Mahendra Kini …Applicant Versus The State Of Maharashtra And Anr …Respondents

Mr. Rajas Naik , Advocate for the Applicant. Mr. H. J. Dedhia , APP for the State. Ms. Komal Sinha , Advocate for Respondent No. 2.

CORAM R. M. JOSHI, J. DATED: 21^th April, 2026

PC:-

Applicant is seeking bail in connection with Crime No. 35/2025 registered with the Kelva Sagari Police Station, Palghar, for the offences punishable under Sections 64(2)(k)(m), 76, 3(5) of Bhartiya Nyaya Sanhita, 2023, (for short “BNS”).

In Short, it is a case of the prosecution that a co-accused attempted to commit rape on the victim girl who is deaf and mute. The allegation against the applicant is that he abetted the said act by standing outside, guarding the place.

Page 1 of 4 21^th April 2026

Vivekanand Bonde

46-BA-4340-2025.doc

Learned counsel for the applicant submits that the main accused has been enlarged on bail by this Court in Bail Application No. 4185 of 2025 by order dated 11^th March 2026. It is his submission that in view of same on parity, applicant is entitled for bail.

Learned APP and counsel for the Respondent No.2 opposed the application. It is their contention that the offence alleged is of serious nature and since the applicant is said to have abetted the commission of crime, the application be rejected.

Once it is not in dispute that the main accused against whom the offence of attempt to rape was charged is enlarged on bail, question of rejecting application for bail of the present applicant who has not even made the said attempt does not arise. Applicant has no criminal history and hence this Court therefore finds no reason to not apply parity .

Hence, the order :-

O R D E R :

Page 2 of 4 21^th April 2026

Vivekanand Bonde

46-BA-4340-2025.doc

a) Criminal Bail Application stands allowed in connection with the Crime No. 35/2025 registered with the Kelva Sagari Police Station, Palghar for the offences punishable under Sections 64(2)(k)(m), 76, 3(5) of Bhartiya Nyaya Sanhita, 2023.

b) The Applicant be enlarged on bail, on furnishing P. R. Bond of Rs.15,000/- with one surety in the like amount till the satisfaction of the Trial Court.

c) The Applicant shall not enter the local jurisdiction of the Kelva Sagari Police Station, Palghar, till conclusion of trial.

d) The Applicant not to contact victim or any witness in any manner whatsoever.

e) Applicant to attend all dates of hearing before the Trail Court unless his presence is exempted by passing specific order.

f) Any breach of the above condition shall result forthwith in cancellation of bail.

Page 3 of 4 21^th April 2026

Vivekanand Bonde

46-BA-4340-2025.doc

The application is allowed in aforesaid terms and is

accordingly disposed of.

All concerned to act upon the authenticated copy of

this order.

(R. M. JOSHI, J)

Page 4 of 4 21^th April 2026