NIKLESH PRAKASH PATIL vs THE STATE OF MAHARASHTRA

Judgment text excerpt

918.BA.1208.2025.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1208 OF 2025 Niklesh Prakash Patil .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Mithilesh Mishra i/b Ms. Agastya Desai, Advocates for Applicant.  Ms. Megha S. Bajoria, APP for Respondent. ......…........… CORAM : MILIND N. JADHAV, J. DATE : MAY 08, 2025. JUDGMENT: 1. Heard Mr. Mishra, learned Advocate for Applicant and Ms. Bajoria, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Regular Bail in connection with C.R.No. I 236 of 2017 registered with Shivajinagar Police Station, for offences punishable under Sections 302, 376 (2) (G) and 201 of the Indian Penal Code, 1860 (for short ‘IPC’). There are in all 3 accused persons in the present crime. Applicant is arraigned as Accused No.1. He is arrested on 06.09.2017 and incarcerated for 7 years 8 months 2 days in prison pending trial. 1 of 39 918.BA.1208.2025.doc 3. In the present case it is seen that Applicant has undergone a considerable long period of incarceration i.e. more than 7 years 8 months 2 days in prison even before his conviction. It is seen that charge is framed before two years however trial has not commenced. It is seen that the case of prosecution is solely based on circumstantial evidence with no eye witness to the incident. There are three accused persons in the crime out of which two co-accused have been released on bail which further persuades me to consider Applicant’s case for grant of bail on parity sans the alleged role of the Applicant. 4. It is one of the principle rule of criminal jurisprudence that an Accused is innocent until proven guilty,