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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

Criminal Bail Application No.1325 of 2025

Vishnu Ankush Kapse

Age: 19 years, Occ: Nil,

R/o Thorat Galli, Khalcha Rajwada,

Velholi, Nashik, Dist-Nashik

At present lodged in Yerwada Central

Prison, Pune. … Applicant.

Vs.

The State of Maharashtra

Through Ambad Police Station,

CR No.136 of 2021. … Respondent.

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Mr Aniket Vagal a/w Ms Savvy Kolhekar for the applicant.

Mr SV Walve, APP for the respondent / State.

PSI Savita Unde, Ambad Police Station, Nashik city.

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Coram : R.N.Laddha, J.

Date : 11 December 2025.

P.C. :

By this application, the applicant seeks bail in

connection with CR No.136 of 2021, registered at Ambad Police Station, Nashik, for the offences punishable under Sections 302 and 120 B read with Section 34 of the Indian

Penal Code.

2. It is the case of the prosecution that one Nilesh Shinde

and his wife were residing as tenants in a room owned by the deceased. It is alleged that the present applicant had occasion to visit the said premises, during which he observed that the deceased was adorned with a gold chain. This observation is stated to have led the applicant to form the belief that the deceased had considerable cash and valuable ornaments. Acting upon such presumption, the applicant, in connivance with the co-accused persons, is alleged to have entered into a criminal conspiracy to eliminate the deceased with the intent to unlawfully appropriate her monetary assets and gold jewellery. In furtherance of the said conspiracy, on or about 13th April 2021, the applicant, along with the co-accused, is stated to have deceitfully induced the deceased to enter the tenanted premises occupied by Nilesh Shinde. Upon her entry into the said room, the applicant is alleged to have strangulated the deceased using a nylon rope, while the co-accused purportedly applied force by stomping on her neck, thereby causing her death. The prosecution contends that the homicidal act was premeditated and executed with the common intention of committing robbery and causing the death of the deceased.

3. Mr Vagal, the learned Counsel for the applicant, asserting the applicant’s innocence, contends that the applicant has been falsely implicated in the crime. The prosecution’s case rests entirely on circumstantial evidence, without any direct or cogent material linking the applicant to the crime. It is further contended that the investigation has concluded and the charge sheet has been duly filed. The learned Counsel further submits that the applicant has been languishing in jail since 16 April 2021, while the trial has yet to reach its conclusion. It is emphasised that the applicant has no criminal antecedents. It is also pointed out that the applicant was not named in the FIR. The applicant is willing to comply with any conditions that this Court may deem fit to impose.

4. On the other hand, Mr SV Walve, the learned Additional Public Prosecutor representing the respondent- State, has vehemently opposed the present application for bail. The learned APP submits that the offence alleged against the applicant is extremely grave and serious in nature, involving a cold-blooded, premeditated, and fatal assault on the deceased. It is contended that the role attributed to the applicant cannot be characterised as accidental, impulsive, or arising out of a sudden provocation, but rather reflects a deliberate and orchestrated act executed pursuant to a criminal conspiracy hatched in advance. The learned APP further submits that the applicant in connivance with other co-accused, subjected the deceased to brutal strangulation, which ultimately resulted in her death. Reliance is placed on the post-mortem report, which opines that the cause of death was asphyxia due to ligature strangulation, lending strong medical corroboration to the prosecution’s case.

5. It is fu