Kalyan Sessions Court Grants Bail To Man Accused Of Detonator Possession After 26 Months; Cites No Trial Progress

Thane: The Kalyan Sessions court has granted bail to a 26-year-old man accused in a case involving the alleged possession of detonators, citing prolonged incarceration, lack of progress in trial, and procedural lapses by the investigating agency.

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Rushikesh Nikumbh arrested in case registered at Kalyan Railway Police Station

The order was passed by the Sessions Court in Kalyan while allowing the bail application filed by Rushikesh Devidas Nikumbh, who had been arrested in connection with an alleged case registered at the Kalyan Railway Police Station.

According to the prosecution, the case dates back to February 21, 2024, when a railway official had a bag allegedly containing 54 detonators kept under a tree near an abandoned canteen building. Based on the complaint, an FIR was registered under Sections 286 and 336 of the Bharatiya Nyaya Sanhita 2023, along with Section 5 of the Explosive Substances Act. During investigation, Nikumbh and others were allegedly found to be involved.

Accused in custody since February 23, 2024 exceeding 26 months

The accused in its defence while seeking bail, the defence argued that the accused had been falsely implicated, had no criminal antecedents, and had been in custody since February 23, 2024 — a period exceeding 26 months. It was also pointed out that the charge sheet had been filed without obtaining mandatory sanction from the District Magistrate, rendering it legally defective.

The prosecution opposed the plea, contending that the accused had allegedly played an active role and that the presence of detonators posed a serious threat to life and property. It also argued that the issue of sanction could be rectified before trial and warned that the accused might abscond or reoffend if released.

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Court observes ignorance of law cannot be an excuse

However, the court found merit in the defence arguments. It noted that the investigating officer had admitted to filing the charge sheet without obtaining the required sanction, observing that “ignorance of law cannot be an excuse.” The court also pointed out that despite charges being framed in October 2025, not a single witness had been examined so far.

“The applicant has been behind bars for over 26 months. There is no progress in the trial. Nothing would be added to the prosecution case by denying bail,” the court observed.

Accordingly, the court granted bail on a personal bond of Rs 50,000.

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