In a significant order, the Bombay High Court has granted bail to Ashokkumar Brijeshkumar Gupta, accused in a 2017 Govandi murder and robbery case. Justice Amit Borkar, while pronouncing the order on September 4, highlighted that Gupta had already spent nearly eight years behind bars without trial being concluded.
Background
The case dates back to September 23, 2017, when the wife of a ration shop owner in Bainganwadi, Govandi, was found dead in her home with multiple injuries. The house had been ransacked, and valuables worth more than ₹3.4 lakh were reported missing. The prosecution alleged that Gupta, a former employee at the shop, had been let go a month earlier and bore a grudge, which eventually led to the brutal incident. He was arrested two days later and has remained in custody ever since.
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Despite the seriousness of the charges ranging from murder (Section 302 IPC) to robbery and house trespass-the trial has crawled for years. Out of 34 listed witnesses, only 15 have been examined till date.
Court’s Observations
Justice Borkar acknowledged the gravity of the allegations but placed equal weight on constitutional safeguards. “Prolonged incarceration without conclusion of trial amounts to punishment before conviction, which is not permissible in law,” the judge remarked. The bench also noted that a co-accused with a similar role had already been granted bail in May this year.
Rejecting the prosecution’s contention that bail would endanger the case, the court pointed out that in eight years of custody there was no evidence Gupta had attempted to influence witnesses. Safeguards could be imposed through strict bail conditions.
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Decision
Balancing liberty with the seriousness of the charges, the High Court ordered Gupta’s release on a personal bond of ₹25,000 with sureties. The conditions include reporting to the trial court monthly, not leaving Maharashtra without permission, and refraining from influencing witnesses. The judge clarified that the order does not touch upon the merits of the case, which will be decided solely on evidence at trial.
Case Title: Ashokkumar Brijeshkumar Gupta vs. State of Maharashtra
Date of Order: 4 September 2025
Case Type: Bail Application (No. 2709 of 2025)
