Kunal vs State of Maharashtra - Bail Application

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Kunal @ Anna Prakash Mudaliyar vs State Of Maharashtra on 18 March, 2026

WAKLE 2026:BHC-AS:13503
MANOJ
JANARDHAN
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Manoj 21-BA-2570-2025.doc
WAKLE MANOJ
JANARDHAN
Date: 2026.03.18
20:39:08 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

                           CRIMINAL BAIL APPLICATION NO.2570 OF 2025

                Kunal @ Anna Prakash Mudaliyar
                Age- 25 years, Occ.- Driver,
                Residing at - Pan Mala, Durga Mata Mandir,
                Gali No.1, Shirdi, Tal- Rahta, Ahmednagar- 423109
                (Presently Lodged Kalyan Dist. Prison)                         ...Applicant
                      V/s.
                The State of Maharashtra
                (Through Kasara P.S., Thane)                                   ...Respondent

                Mr. Veerdhawal Deshmukh a/w Adv. Shreyprasad Atigre, for the
                Applicant.
                Ms. Mahalaxmi Ganapathy, APP for the Respondent-State.
                Mr. F.R. Tadavi, PN-3059, Kasara Police Station, present.

                                                     CORAM : SHYAM C. CHANDAK, J.

                                           RESERVED ON : 10th MARCH, 2026
                                        PRONOUNCED ON : 18th MARCH, 2026

                ORDER : -

. Present Application filed under Section 482 of the Bharatiya

                Nagarik Suraksha Sanhita, 2023 seeking release of Applicant on bail in

                C.R. No.107 of 2023 registered with Kasara Police Station, Thane (Rural)

                under [Sections 302](https://indiankanoon.org/doc/1560742/), [201](https://indiankanoon.org/doc/386021/), [364](https://indiankanoon.org/doc/695990/) and [34](https://indiankanoon.org/doc/37788/) of Indian Penal Code, 1860 leading to

                registration of a Sessions Case No.381 of 2023. Now, pending before the

                Sessions Court at Kalyan.

2) Heard Mr. Deshmukh, the learned Counsel for the Applicant

                and      Ms. Mahalaxmi Ganapathy, the learned APP appearing for the

                Respondent-State. Perused entire record.

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Manoj 21-BA-2570-2025.doc

3) The prosecution case is that on 19.06.2023, at about 18.30 hours, the informant Ramdas Ratan Rathod, PHC B.No.2340 was

patrolling on Mumbai-Nashik lane. One Shailesh Yadav informed him that

a dead body of unknown male, aged 20 to 25 years, was lying near Washala

Phata on the Nashik-Mumbai, lane. The informant along with his superiors

and other police personnel went to the spot. Said deceased appeared to

have been murdered by strangulation coiling a string around his neck. The

informant then filed an FIR leading to registration of aforesaid C.R. No.107

of 2023. On the same day, at about about 6:30 hours, one more dead body

of an unknown male was found within the vicinity of village Kasara, on

Mumbai-Agra highway, on Nashik-Mumbai lane at a distance of 600

meters from brake fail point.

4) Investigation revealed that the unknown male found dead at

Washala Phata was Sufiyan Ghone and the unknown male found dead at

the break fail point was Sahil Pathan. Both the deceased were resident of

village Pathare, taluka Rahata.

5) A-5 Dipali Pawar residing at Javalke, taluka Rahata. Sufiyan

Ghone was stalking A-5 by calling her on mobile phone and through

Instagram. The A-5 was annoyed and angry on that account. Therefore, on

18.06.2023 A-5 called Sufiyan at Shirdi bus stop. The other accused namely

A1 - Manoj @ Manya Shivappa Nashi, A2 - Prashant @ Prashya Ambadas

Khalule, present Applicant (A-3), A4 - Firoz @ Batlya-Fardin Dildar

Pathan, A6 - Santosh Kailas Pawar, A7 - Somnath @ Somya Raghunath 2/7::: Uploaded on - 18/03/2026 ::: Downloaded on - 19/03/2026 20:34:44 ::: Manoj 21-BA-2570-2025.doc

Shinde and A8 - Ankush Thakur were present there and they were waiting

for the Sufiyan. At about 11.30 a.m., Sufiyan and Sahil arrived at Shirdi bus

stop riding on Sufiyan's motorcycle MH-01-DJ 0206 with his friend

deceased Sahil Pathan. The accused present at Shirdi bus stop abducted

Sufiyan and Sahil in the motor car of A-6 bearing No.MH-17-AJ-2310 and

drove them to an agricultural field, situated at Malharwadi, Post Kakadi,

Taluka Rahata. Said land was in possession of A-5. There, all the Accused

Nos.1 to 8 assaulted Sufiyan by means of sticks and bambu, caused him

grievous injury leading to his death. The A-1 with the help of A-2

strangulated Sahil to death. Further, A-1 and A-2 carried their dead bodies

and disposed them at the aforesaid places where the same were found to

the police. The accused persons also caused disappearance of evidence, i.e.,

their clothes, mobile phones of the deceased etc. As a result, charge-sheet

came to be filed against all the accused.

6) The Applicant was arrested on dated 25.08.2023. After filing

of charge-sheet Applicant applied for bail before the trial Court but his

prayer for bail came to be rejected by the trial Court vide Order dated

03.12.2024.

7) Mr. Deshmukh, learned Counsel for the Applicant submitted

that Digambar Mahendra More is brother of A-5. Till recording his

statement on 26th August 2023 and wife of deceased Sufiyan, no witness

had alleged that Sufiyan was following A-5 as above and annoying her.

Moreover, said evidence is hearsay in nature. It cannot serve the motive to 3/7::: Uploaded on - 18/03/2026 ::: Downloaded on - 19/03/2026 20:34:44 ::: Manoj 21-BA-2570-2025.doc

commit the crime. The alleged cell number attributed to the Applicant does

not belong to him. Except A-2, the other accused persons and both the

deceased were residing within Rahata Taluka. Therefore, the CDRs of their

mobile phone numbers are not conclusive to infer that the Applicant was

involved in the murders. The recovery of the clothes of the Applicant and

one wooden rod is also not helpful in the case as no human blood was

found on those articles. In the facts, the recovery of the bike of the

deceased at the instance of co-accused is suspicious. No witness was shown

the CCTV footage to establish the identity of the Applicant and his presence

at Shirdi Bus Stop. Therefore, there is no prima facie case against the

Applicant. In the backdrop, the Applicant may be released on bail.

8) Ms. Ganapathy, the learned APP, on the other hand, submitted

that till 31.07.2023, the identity of both the deceased was not established.

Their identity could be revealed only when a Mahindra four wheelers' key

seized from the spot was verified from the car company and it confirmed

the ownership of that vehicle. Meanwhile, Instagram account information

and CDRs of the mobile phones of all the concerned were obtained which

confirmed that Sufiyan used to contact with A-5 against her desire.

Therefore, Sufiyan was called at Shirdi bus stop by A-5. After abducting

Sufiyan and Sahil Pathan from Shirdi bus stop, the two were done to death.

There was no reason for the accused persons to assemble at the Shirdi bus

stop.

The learned APP submitted that, after committing the murder, 4/7::: Uploaded on - 18/03/2026 ::: Downloaded on - 19/03/2026 20:34:44 ::: Manoj 21-BA-2570-2025.doc

the A-1 and A-2 disposed of the dead bodies at the longer place as noted

above. Further, A-1 and A-2 went to Kalyan. A-1 then met with Balu Shinde

and confessed the crime. These facts are supported by the mobile phone

location of A-1.

The mobile phone number which the Applicant was using was

in the name of his father Prakash Mudliyar who had expired a year before.

The Applicant has not explained as to why he was using that number. All

this clearly show that the Applicant was involved in the crime since

beginning. This is fortified by the recovery of the clothes and weapon of the

offence at the instance of the Applicant as well as the recovery of the

motorcycle of Sufiyan at the instance of A-4 Firoz which A-4 and the

present Applicant had kept at garage of witness Siddharth Shivprasad

Murge. Therefore, bail may be refused.

9) I have considered these submission. Mainly the Applicant has

been shown involved in this crime on the basis of CDR of the mobile phone

allegedly used by him at the time of the incident. Considering the relevant

CDRs of the accused persons, the deceased and the CCTV footage, it

appears that, between 11:00 a.m. to 12:45 p.m. of 18.06.2023, the accused

were present at Shirdi bus stand and in the vicinity. During this time the

deceased and Sahil were passing from there on a motorcycle. As per the

prosecution case, A-5 had called the deceased there. However, no specific

material could be pointed out by the learned APP in this regard. It is the

case of prosecution that, at Shirdi bus stand, both the deceased were 5/7::: Uploaded on - 18/03/2026 ::: Downloaded on - 19/03/2026 20:34:44 ::: Manoj 21-BA-2570-2025.doc

forcibly made to sit in the Maruti Ertiga Car of A-6. But this aspect was not

captured in the CCTV footage. Further, they took them in the said field

which was in the occupation of A-5. There, Sufiyan Ghone was assaulted by

means of wooden sticks and bambu and Sahil Pathan was strangulated to

death. However, there is no eye witness to these circumstances. Both the

deceased and the accused persons were residing within limits of Rahata

taluka.

10) As per the statement of Digambar @ Bhushan @ Bhau

Mahendra More-Patil recorded on 26.08.2023, he had seen a news item on

YouTube channel that A-1 and his three friends had killed the two muslim

persons and said accused were taken into custody by Kasara police. He

stated that said fact was also told him by people. However, what

investigation Kasara police did since 25.06.2023, no light is thrown on that

aspect by the prosecution.

11) In this background, it is a question of trial as to whether the

Applicant was involved in the crime or not. The Applicant is behind bars

for almost 2 years and 6 months. He is permanent resident of given

address and not like to abscond. There are no antecedents against the

Applicant. In view thereof, I am inclined to allow the Application and pass

following Order.

:: ORDER ::

(a) The Applicant - Kunal @ Anna Prakash Mudaliyar shall be
released on bail in connection with C.R. No.107 of 2023
registered with Kasara Police Station, Thane (Rural) on his 6/7::: Uploaded on - 18/03/2026 ::: Downloaded on - 19/03/2026 20:34:44 ::: Manoj 21-BA-2570-2025.doc

furnishing P.R. bond in the sum of Rs.1,00,000/- with one
or more sureties in the like amount.

(b) The Applicant shall attend before the trial Court on each and
every date unless exempted by trial Court, for reasons to be
recorded in writing.

(c) The Applicant shall attend Kasara Police Station, Thane
(Rural) on 1st Monday of each calendar month between
12:00 p.m. to 04:00 p.m. till conclusion of the trial.

(d) The Applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence upon
the prosecution witnesses to prevent them from deposing
against him.

(e) After his release from jail, the Applicant shall provide his
contact number and detailed residential address to the trial
Court and the police, as to where he would stay till the trial
in the said case is over.

(f) The Applicant shall not change his residential address and
contact number without permission of the trial Court
concerned.

(g) If the Applicant disobeyed any of the above conditions, the
bail granted herein shall stand cancelled without further
reference to this Court or the trial Court.

12) With above observations, Bail Application is disposed of.

13) It is made clear that, the observations made in this Application

are prima facie in nature and shall not be construed as an expression of

opinion on merits. The trial Court to decide the said Sessions case on its

own merits.
(SHYAM C. CHANDAK, J.) 7/7::: Uploaded on - 18/03/2026 ::: Downloaded on - 19/03/2026 20:34:44 :::