P.H. JAYANI 921 BA2611.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2611 OF 2026 Vikas Singh @ Brijesh Kumar Singh Chakodi …. Applicant V/s. The State of Maharashtra …Respondent Mr. Aakash Desai a/w. Ms. Kiara Alves for the Applicant. Ms. Kranti Hiwrale, APP for the Respondent – State. Mr. Vijendra Ambavade, PI, Mira-Bhayander Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 24th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present application seeking release of the applicant on bail in connection with Cr.No.120/2003 registered with Mira Road Police Station, Mumbai for the offences punishable under Sections 307, 34, 120B and 181 of the Indian Penal Code and Sections 25(1) (A) of the Arms Act on the report dated 20.06.2003 filed by Ravi Laldhari Yadav. 3. In brief, the prosecution story is that, the informant – Ravi Yadav was working as a driver with Lallan Tiwari. The latter was running an educational institute and also doing the business at Bhayander. On 20.06.2003, at about 04.50 p.m., at Mira Road, the two unknown persons approached Lallan Tiwari and, one of them fired at him. Thereafter, the said assailants were chased and caught with the help of the police. On inquiry, they gave their names as Chandu Singh and Nitin Jha. A Katta and three cartridges were seized from Chandu Singh and a pistol loaded with P.H. JAYANI 921 BA2611.2026.DOC cartridges and 30 live cartridges were seized from Nitin Jha. During investigation, police arrested the other accused persons and filed the charge-sheet. It is the case of the prosecution that the applicant had supplied the pistol and Katta to the co-accused persons to kill the injured by hatching a criminal conspiracy, on account of certain monetary dispute with co-accused Arvind Updhyay, who is son of the injured’s business partner Ramdular Updhyay. It is alleged that, since the time of the incident, the applicant was absconding. Therefore, police arrested the applicant and, filed supplementary charge-sheet. The trial court declined to release the applicant on bail in view of his role in this crime and, 11 criminal antecedents of cognizable offences and 7 non-cognizable offences. 4. Mr. Desai, learned Counsel for the applicant submitted that except the confessional statement of accused nos.1 and 2 that the firearms were supplied by the applicant, there is no other evidence to prosecute the applicant for this crime. This fact is conceded by Ms. Hiwrale, the learned APP. However, she submitted that having regard to the criminal antecedents of the applicant, said information given by accused nos. 1 and 2 cannot be brushed aside at this stage and according to her, it is sufficient to deny the bail. 5. The aforesaid submissions evince that except the statement by the co-accused persons that the firearms in question were supplied by the applicant, there is no other admissible evidence against the applicant. Therefore, merely because of the criminal antecedents, the bail relief cannot be denied in this case. Hence, following Order :- (i) The applicant - Vikas Singh @ Brijesh Kumar Singh Chakodi be released on bail in Cr.No.120/2003 registered P.H. JAYANI 921 BA2611.2026.DOC with Mira Road Police Station, Mumbai for the offences punishable under Sections 307, 34, 120B and 181 of the Indian Penal Code and Sections 25(1)(A) of the Arms Act, on his executing a P.R. Bond in the sum of Rs.1,00,000/- with one or more sureties in the like amount. (ii) The applicant shall mark his attendance at Mira Road Police Station, Mumbai on 1st day of a month, between 11:00 a.m. to 2:00 p.m., till conclusion of the trial. (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (v) The applicant shall not leave Mumbai for a period of six months. (vi) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence the prosecution witnesses to prevent them from deposing against him. (vii) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated in case there is any change. (viii) It is clarified that any observation made in the present Order are for the purpose of deciding the present Bail Application and should not influence the outcome of the P.H. JAYANI 921 BA2611.2026.DOC trial and also not be taken as an expression of opinion on the merits of the case. 6. Since the case is more than 20 years old, the trial Court is requested to expedite the trial. The prosecution shall take all efforts to produce the witnesses for expeditious disposal of the case. The applicant shall co-operate for the same. 7. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.09.28 19:35:55 +0530