BA/3923/2026 of VISHAL SADASHIV KHILLARE Vs STATE OF MAHARASHTRA on 19 October 2026

1. Heard Mr. Joshi, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent-State.

2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in connection with C.R. No.495 of 2024 registered with Walchandnagar Police Station, Pune for offences punishable under Sections 103(1), 238, 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The Applicant is a young offender. According to the prosecution, the case against the Applicant is based on circumstantial evidence i.e the theory last seen together, as Applicant was allegedly seen in the company of the co-accused persons in the village prior to the incident in question. The victim was allegedly assaulted and murdered with an unknown weapon, and his burnt body was discovered by a villager who thereafter informed the police.

4. At this stage, the only other incriminating material relied upon by the prosecution against the Applicant is the alleged extra- judicial confession of the Applicant to indict him.

5. The Applicant has been in custody for approximately two years and one month, and the trial has not commenced. Considering the aforesaid prima facie material and the period of incarceration suffered by the Applicant, I am inclined to consider the Applicant's case favourably for grant of bail.

6. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:-

(i) Applicant is directed to be immediately released from prison in connection with CR. No.495 of 2024;

(ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen Thousand only) with one or two sureties in the like amount;

(iii) Applicant shall report to the Investigating Officer at concerned Police Station, once every month, on the first

Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court;

(iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail;

(v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court;

(vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner;

(vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and

(viii) Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant.

7. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order.

8. Bail Application is allowed and disposed in the above terms.

[ MILIND N. JADHAV, J. ]