Rohan Rushikesh Gaikwad vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2026)

Rohan Rushikesh Gaikwad vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted to Rohan Rushikesh Gaikwad (BA No. 500 of 2026) and Omkar Sunil Ingawale (BA No. 737 of 2026) in Crime No. 20 of 2022, Lonikand Police Station, Pune, on furnishing a P.R. Bond of Rs. 25,000/- each with one or two sureties in the like amount, subject to conditions (exclusion from District Pune except for trial attendance; disclosure of address/contact to Lonikand Police Station; no tampering with evidence; no further offences), with liberty to the State to seek cancellation on breach.

Issue for consideration

Whether the Applicants are entitled to regular bail in Crime No. 20 of 2022, having regard to their contentions that their names are not mentioned in the FIR, that no specific role is attributed to them in eyewitness statements, that co-accused with similar allegations have been released on bail, and that they have been in custody for over four years without trial progress; as opposed by the prosecution on the grounds of brutal assault, recovery of weapons at their instance, presence at the spot, and risk of absconding or threatening witnesses.

Court's answer

The Applicants are entitled to bail on the principle of parity, the co-accused having similar allegations having been released on bail, coupled with the Applicants' incarceration of more than four years and the absence of any progress in the trial.

Ratio / Principle

Both Applicants (Rohan Rushikesh Gaikwad and Omkar Sunil Ingawale) are to be released on bail in Crime No. 20 of 2022 on furnishing a P.R. Bond of Rs. 25,000/- each with one or two sureties in the like amount, subject to conditions: not to enter District Pune limits except to attend Trial Court dates till conclusion of trial; to furnish residential address and contact number to Lonikand Police Station; not to tamper with prosecution evidence; not to commit any other crime; with liberty to the State to apply for cancellation of bail on breach of any condition.

Detailed headnote1 paragraphs

Bombay High Court (Shivkumar Dige, J.), by a common order dated 17 April 2026, allowed two criminal bail applications — Criminal Bail Application No. 500 of 2026 (Rohan Rushikesh Gaikwad) and Criminal Bail Application No. 737 of 2026 (Omkar Sunil Ingawale) — arising out of Crime No. 20 of 2022 of Lonikand Police Station, Pune, registered for offences punishable under Sections 302, 307, 341, 143, 147, 148, 149, 427, 120(B)/120-B and 201 of the Indian Penal Code, 1860, Sections 3(24) and 4(25) of the Arms Act (recited in the operative order as Sections 3 and 4 read with 25), Sections 3 and 7 of the Criminal Law Amendment Act, Sections 37(1), 37(3) read with Section 135 of the Maharashtra Police Act, and Sections 3(1)(i), 3(2), 3(3) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999. The prosecution case was that on 12 January 2022 the Applicants and co-accused intercepted the First Informant's car and murdered her father-in-law and brother-in-law with sickles, also assaulting other occupants with intent to kill. Granting bail, the Court rested on the principle of parity — co-accused with similar allegations already being released — together with the Applicants' detention of more than four years and the absence of trial progress. Each Applicant was ordered released on a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, on conditions barring entry into District Pune (except for Trial Court dates), requiring disclosure of residence and contact particulars to Lonikand Police Station, prohibiting tampering with prosecution evidence and commission of other crimes, and reserving liberty to the State to move for cancellation of bail upon breach.

16-BA-500-26 WITH 21-737-26.doc

N.S.Kamble

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 500 OF 2026

Rohan Rushikesh Gaikwad ….Applicant VERSUS State Of Maharashtra ….Respondent

Digitally signed NILAM by NILAMSANTOSH SANTOSH KAMBLE KAMBLE Date:2026.04.20 11:38:58 +0530

WITH CRIMINAL BAIL APPLICATION NO. 737 OF 2026 Omkar Sunil Ingawale ….Applicant VERSUS State Of Maharashtra ….Respondent

Mr.Kishan Chaudhari a/w Mr.Sharad Bhoite i/b Mr.Vishal Kolekar, for the Applicant in BA No.500 of 2026.

Mr.Satyavrat Joshi a/w Mr.Ishan Paradkar, for the Applicant in BA No.737 of 2026.

Ms.Gauri Rao, APP for Respondent-State in BA No.500 of 2026. Mr.S.M. Mangaonkar, APP for Respondent-State in BA No.737 of 2026.

CORAM : SHIVKUMAR DIGE, J. DATE : 17^th APRIL 2026

P.C. :

. These two Applications are arising out of the same crime hence I

am deciding these two Applications by this common order.

By these Applications, the Applicants are seeking regular bail in

Crime No.20 of 2022 registered with Lonikand Police Station, Pune, for

the offences punishable under Sections 302, 307, 341, 143, 147, 148, 149,

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N.S.Kamble

427, 120(B) and 201 of the Indian Penal Code, 1860 (‘IPC’ for short), Sections 3(24) and 4(25) of the Arms Act, Sections 3 and 7 of Criminal Law Amendment Act, Sections 37(1), 37(3) read with Section 135 of the Maharashtra Police Act and Sections 3(1)(i), 3(2), 3(3) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (‘MCOCA’ for short).

It is prosecution’s case that on 12^th January 2022, when First Informant, her father-in-law and her brother-in-law were going to Court, the Applicant and co-accused intercepted their car and assaulted father-in-law and brother-in-law of the First Informant with sickle and thereby murdered them. It is alleged that First Informant and other occupants of the car were also assaulted with an intention to kill them.

It is contention of learned counsel for the Applicant that names of the Applicants are not mentioned in the FIR. The co-accused, having similar allegations, have been released on bail. In the statement of eye witnesses, no specific role is attributed to the Applicants. The Applicants are behind bars for more than four years. There is no progress in the trial and requested to allow the Application.

It is contention of learned APP along with learned counsel for the Respondent No.2 that the Applicants and co-accused brutally assaulted the deceased with sickle, baseball bat and sharp weapon. The weapons used

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N.S.Kamble

in the crime are recovered at the instance of the Applicants. The Applicants were present at the spot of incident. If Applicants are released on bail, they may abscond or threaten prosecution witnesses and requested to reject the Application’s.

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

The co-accused having similar allegations have been released on bail. The Applicants are behind bars for more than four years. There is no progress in trial.

Considering these facts, the Applicants are entitled for bail on principle of parity and I pass following order.

ORDER

(i) The Applicant-Rohan Rushikesh Gaikwad be released on bail in Crime No.20 of 2022 registered with Lonikand Police Station, Pune, for the offences punishable under Sections 302, 307, 341, 143, 147, 148, 149, 427, 120-B and 201 of the Indian Penal Code, Section 3(1)(i), 3(2), 3(3) and 3(4) of the Maharashtra Control of Organized Crime Act, Sections 3 and 4 read with 25 of the Arms Act and Section 37(1)(3) read with 135 of the Maharashtra Police Act on furnishing P.R. Bond in

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N.S.Kamble

the sum of Rs.25,000/- with one or two sureties in the like amount.

(ii) The Applicant-Omkar Sunil Ingawale be released on bail in Crime No.20 of 2022 registered with Lonikand Police Station, Pune, for the offences punishable under Sections 302, 307, 341, 143, 147, 148, 149, 427, 120-B and 201 of the Indian Penal Code, Section 3(1)(i), 3(2), 3(3) and 3(4) of the Maharashtra Control of Organized Crime Act, Sections 3 and 4 read with 25 of the Arms Act and Section 37(1)(3) read with 135 of the Maharashtra Police Act on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The Applicants shall not enter into the limits of District Pune, except to attend the dates before the Trial Court till Conclusion of the trial.

(iv) The Applicants shall furnish their residential address and the contact number, if any, to the Lonikand Police Station. (v) The Applicants shall not tamper with the prosecution evidence.

(vi) The Applicants shall not commit any other crime.

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N.S.Kamble

(vii) Liberty is granted to the State to file an Application

for cancellation of bail, if the Applicant commits breach of any of the above conditions.

(viii) Applications are allowed in the aforesaid terms.

(SHIVKUMAR DIGE, J.)

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