38. BA 1677-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1677 OF 2026 Raju alias Raja Sangappa Gulkar .Applicant Vs. The State of Maharashtra .Respondent Mr. Vivek Arote a/w. Mr. Harish Garde, Advocates, for the Applicant Ms. Shilpa G. Talhar, APP, for the Respondent – State CORAM : MILIND N. JADHAV, J. DATE : 22.09.2026 P. C. 1. Heard Mr. Arote, learned Counsel for the Applicant and Ms. Talhar, learned APP for the Respondent – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No. 537 of 2025 registered with Kondhwa Police Station, Pune for offences punishable under Sections 109, 189(2), 189(4), 191(1)& 191(3) of the BNS, under Section 4(25) of the Arms Act, under Section 7 of the Criminal Law Amendment Act, under Sections 37(1)(3)/135 of the Maharashtra Police Act and under Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act,1999 (for short “MCOCA”). 3. The Applicant is one of the several Accused persons 11 in Anand 1 of 4 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.22 21:22:36 +0530 38. BA 1677-2026.doc number in the present crime. No specific role has been attributed to the Applicant before me. The case of the prosecution is that a gang of 11 persons and some other unknown persons in view of establishing supremacy in the area of their residence and operation by having some previous enmity committed the crime. Infliction of blows on the back and hands by sharp weapons is the case of the prosecution against the Accused persons. The present Applicant before me is 18 years old and a young offender. Every opportunity should be therefore taken by the Court to consider that if there is no specific direct role attributed to him, an opportunity of releasing the Applicant on bail can be considered by the Court so as to give him a chance to resurrect and correct himself and become a good citizen of the Society. The Applicant has no Criminal antecedents to his discredit though learned APP otherwise submits that he was part of an organized gang. There is no specific material placed before the Court to attribute the specific role qua the Applicant save and except that the Applicant had encouraged the others to commit the crime. The Applicant is incarcerated for the past more than one year and two months. 4. Considering the role of the Applicant and young age of the Applicant, I am inclined to allow the present Application. 5. Hence, in view of above prima facie observations and finding, Anand 2 of 4 38. BA 1677-2026.doc Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Raju alias Raja Sangappa Gulkar is directed to be immediately released from prison in connection with CR. No. 537 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one or two sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at Kondhwa Police Station, Pune, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; Anand 3 of 4 38. BA 1677-2026.doc (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 6. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 7. Bail Application is allowed and disposed in the above terms. (MILIND N. JADHAV, J.) Anand 4 of 4