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2026 DAILYLAW 10474 (BOM)

ROHIT BABUNATH CHAURASIA v. THE STATE OF MAHARASHTRA

BA/3338/2026 · 2026-09-23

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Judgment text

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32. BA-3338-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3338 OF 2026 Rohit Babunath Chaurasia .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. M.N. Sandhyanshiv a/w Mr. Hamid Ansari, Mr. Shrunkhal Pashte & Mr. Vikas B. Mourya i/by Mr. Jayesh Wani, Advocates for Applicant  Ms. Anuja S. Gotad, APP for State ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 23, 2026 P. C. : 1. Heard Mr. Sandhyanshiv, learned Advocate for Applicant and Ms. Gotad, learned APP for State. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 469 of 2025 registered by NRI Sagari Police Station, Navi Mumbai for the offences punishable under Section 311, 309(6) and 3(5) of Bhartiya Nyaya Sanhita, 2023 (for short "BNS") and under Sections 3 and 25 of the Arms Act, 1955. 3. Applicant is seeking bail with regard to a heist committed by the four accused persons in a jewellery shop in Navi Mumbai. The Applicant is arraigned as accused No. 4 and he was the driver of the 1 of 4 32. BA-3338-26.odt car in which the other three accused persons after committing the offense made an escape. 4. It is seen that the other three co-accused persons entered the shop in a burqa. The role of the present Applicant is prime facie different than the other three co-accused persons as attributed to him by the prosecution. 5. Learned APP would, however, persuade me to consider the fact that the Applicant had absolute knowledge of the commission of the crime and he having aided and assisted the other three co-accused persons in fleeing from the scene of crime in his own car should be held against him and he should not be enlarged on bail. 6. I have considered the submissions made by learned APP. However, it is prime facie seen that insofar as any direct evidence is concerned of implicating the precise role of the Applicant as alleged by the prosecution, it is none. No TIP has been held for identification of the Applicant before me. The implication of the Applicant is on the basis of the statement of the other co-accused persons. 7. Applicant has been arrested on 18.02.2026, which is almost 2 months after the date of the incident. Considering the role of the other co-accused persons i.e. accused Nos. 1 and 2 who have already been enlarged on bail, the Applicant has made out a case for allowing 2 of 4 32. BA-3338-26.odt the present Applicant on parity. Hence, Applicant is released on bail on the following terms and conditions:- (i) Applicant is directed to be immediately released on bail from prison in connection with C.R. No. 469 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at NRI Sagari Police Station, once every month on the first Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (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 3 of 4 32. BA-3338-26.odt of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 8. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 9. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.23 19:37:50 +0530