Dinesh Hariram Bishnoi vs the State of Maharashtra

In short, it is the case of the prosecution that on 8^th December, 2022, the deceased was assaulted. This is a case of circumstantial evidence, as the incident of assault has not been

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witnessed by any person. The prosecution relied upon the CCTV footage indicating the presence of the Applicant and the coaccused nearby the premises. Recovery of incriminating articles is done from the spot. It was claimed by the prosecution that the incident of murder has occurred on account of the dispute between the co-accused and the deceased over the money.

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Learned counsel for the Applicant submits that the coaccused, against whom the similar role has been attributed is enlarged on bail by an order dated 18^th March, 2026 passed in Bail Application No.3625 of 2025. It is contended that the Applicant is in jail for over a period of 3 years and considering the nature of evidence, it is a fit case for grant of bail. It is also claimed that the Applicant has no criminal history behind him and will not flee from justice.

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Learned APP though opposed the application, was unable to show any different role attributed to the Applicant as compared to the co-accused, who is already enlarged on bail.

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Prima-facie perusal of the record indicates that except

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for CCTV footage, showing the presence of the Applicant and the

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co-accused nearby the place of the incident, there is no other

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prima-facie evidence to accept their involvement in the crime. The co-accused are already granted bail. The role attributed to the present Applicant is identical to one attributed to the coaccused. Thus this is case for applying parity.

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Apart from this, the Applicant is in jail for over a period of 3 years and as there is no likelihood of commencement and conclusion of trial within the reasonable time, this Court finds it fit case for enlargement of the Applicant on bail. He has

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no criminal antecedents and is not likely to flee from justice.

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