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2026 DAILYLAW 11117 (BOM)

ANIKET VIJAY CHAVAN v. STATE OF MAHARASHTRA

BA/3021/2026 · 2026-09-24

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Judgment text

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6-BA-3021-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3021 OF 2026 Aniket Vijay Chavan … Applicant Versus State of Maharashtra … Respondent ****** Mr. Sushant J. Tayade (through VC), a/w Mr. Sujit Padvi, Mr. Akshay Ade, Ms. Pallavi Valvi, i/b Sushant J. Tayade and Associates for Applicant. Ms. Sharmila Kaushik, APP for Respondent/State. ****** CORAM : SHREERAM V. SHIRSAT, J. DATE : 24th SEPTEMBER 2026. PC: 1. Heard the learned counsel for the applicant - Mr. Sushant Tayade and Ms. Sharmila Kaushik, learned APP. 2. This is an application for bail. The applicant has been arrayed as an accused in C.R. No. 456 of 2025 under Sections 309(4) and 3(5) of the BNS, 2023. 3. The case of the prosecution is that on 5th May 2025 at about 21:20 hours, the complainant, Ms. Vaishali Harpale, along with her friend Ms. Manisha Shewale were strolling, when suddenly two unknown persons came on a motorcycle and snatched her mini ganthan (mangalsutra) and by pushing her, they ran away. Thereafter, FIR came to be registered on 12th May 2025 against two unknown persons under Section 309(4) and 3(5) of Bhalerao 1 SWEETY RAJU BHALERAO Digitally signed by SWEETY RAJU BHALERAO Date: 2026.09.24 17:52:33 +0530 6-BA-3021-2026.docx the BNS, 2023. 4. The learned counsel for the applicant submitted that the applicant is in custody for the last 13 months. He submitted that he has been falsely implicated in the present case and is taken into custody from another offence of the same police station. He further submitted that there is no explanation given for belatedly lodging the FIR, which is after a period of seven days. It is further submitted that there is no recovery at the instance of the present applicant. The learned counsel for the applicant has also invited the attention of this Court to the order passed by this Court in Criminal Bail Application No. 1442 of 2026, wherein the applicant was released on bail by this Court in C.R. No. 511 of 2025, in which case the provisions of MCOCA have been invoked. 5. Per contra, the learned APP submitted that the bail application be rejected as the applicant is involved in several offences of chain snatching and that stringent provisions of MCOC Act has also been invoked against the present applicant. It is further submitted that if the applicant is released on bail, he may indulge in similar offences and therefore, at this stage, the applicant may not be released on bail. 6. I have considered the rival submissions. The FIR in the present case was registered against unknown persons. The complainant had given the description of the persons who had snatched the mini ganthan, however, no Bhalerao 2 6-BA-3021-2026.docx test identification was conducted to establish the identity of the present applicant. There is no recovery made at the instance of the applicant. The charge-sheet has been filed in this case and the applicant is in custody for the last 13 months. The applicant has also been released on bail in C.R. No. 511 of 2025, in which case provisions of MCOC have been invoked. Taking into consideration the facts of the present case, the applicant is enlarged on bail on the following terms and conditions: ORDER (i) The applicant be released on bail in C.R. No. 456 of 2025 registered with Hadapsar Police Station on furnishing PR bond of Rs. 25,000/- with one or two solvent sureties in the like amount. (ii) The applicant shall attend the concerned police station once a month initially for a period of six months and thereafter as and when called. (iii) The applicant shall not tamper with evidence and/or influence the prosecution witnesses. (iv) The applicant shall not commit any other offence while on bail. In case any offence is committed by the applicant, the prosecution will be at liberty to move an application for cancellation of bail. Bhalerao 3 6-BA-3021-2026.docx (v) The applicant shall deposit his passport, if any, with the Trial Court. (vi) The applicant shall not leave the State of Maharashtra without the permission of the concerned Court. (vi) It is clarified that the observations made in this order are only for the purpose of entitlement of grant of bail to the applicant and the Trial Court shall proceed further with the matter without being influenced by the observations made in the present order. 7. The application is allowed in the aforesaid terms. 8. The application is disposed of. (SHREERAM V. SHIRSAT, J.) Bhalerao 4