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P.H. JAYANI 924 BA3730.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3730 OF 2026 Sachin Yuvraj Ahire …. Applicant V/s. The State of Maharashtra …Respondent Mr. Harekrishna Mishra i/b. Mr. T.S. Sachdevani for the Applicant. Ms. Kranti Hiwrale, APP for the Respondent – State. Mr. Akshay Dingale for the original Complainant. Mr. S.R. Atpalkar, PSI, Ulhasnagar Police Station, present.
CORAM:
SHYAM C. CHANDAK, J.
DATED :
24th SEPTEMBER, 2026 P.C. :- . Mr. Dingale, the learned Counsel appearing on behalf of the first informant/injured. Registry to accept his vakalatnama. 2. Heard learned Counsel for the parties. Perused the record. 3. Present application seeking release of the applicant on bail in Cr.No.I-93/2026 registered with Ulhasnagar Police Station, Dist. Thane for the offences punishable under Sections 109, 118(1), 351(2), 61(2)(a), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 37(1) and 135 of Maharashtra Police Act on the Report dated 05.03.2026 filed by the informant Mr. Roshan Makhija. 4. In brief, the prosecution case is that on the relevant date, at time and place, accused nos.1 and 2 assaulted the informant by means of stone and iron cutter by hatching criminal conspiracy with other accused persons including the applicant, on account of a monetary dispute with accused Amit Wadhwa. At the time of the incident, the informant was present near/in the office of his
P.H. JAYANI 924 BA3730.2026.DOC friend Samadhan Bagul. Said information, as alleged, was provided by co-accused Akshay Saundankar to the present applicant against which the applicant had paid Rs.25,000/- to Akshay Saundankar. Further, Akshay Saundankar conveyed that information to accused nos.1 and 2 and thus, the applicant abetted in this offence. The aforesaid led to registration of the crime, arrest of the accused persons including the applicant and filing of charge-sheet. 5. Mr. Mishra, the learned Counsel for the applicant submitted the said allegation against the applicant are based on the statements of his co-accused given before the police, which is not an admissible evidence. There is no other evidence against the applicant. The injuries sustained by the informant are simple in nature. He, on instructions, submitted that the applicant is even ready to stay outside the districts of Mumbai, Thane and Raigad, till the conclusion of the trial in this case. Therefore, he urged to release the applicant on bail. 6. Ms. Hiwrale, the learned APP, on the other hand, submitted that the CDR and SDR of the mobile phones of the applicant and A2 show that, at the relevant time, the two were in contact with each-other and that, the former had informed the A2 about presence of the injured at the spot. This led to the successful attack on the injured. Therefore, the applicant is not entitled for bail. 7.
I have considered these submissions. No direct evidence is pointed from the record showing that the applicant had supplied the information about the presence of the injured at the spot, to facilitate the attack on him. In the absence of transcription about the telephonic conversation between the applicant and A2, how far the CDR and SDR would help establishing the case against the
P.H. JAYANI 924 BA3730.2026.DOC applicant, is a matter of trial. At this stage, that circumstance itself is not sufficient to conclude that there is a prima facie case against the applicant of the alleged offence. 8. In view thereof, I am inclined to release the applicant on bail. However, considering the criminal antecedents against the applicant, stringent conditions need to be imposed. Hence, following Order :- (i) The applicant – Sachin Yuvraj Ahire shall be released on bail in Cr.No.I-93/2026 registered with Ulhasnagar Police Station, Dist. Thane, on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) As voluntarily undertaken by the applicant, during the bail period, the applicant shall reside within the jurisdiction of Vadner Bhairav Police Station, Post : Khadakjab, Taluka Chandwad, Dist. Nashik and mark his attendance at Vadner Bhairav Police Station, on 1st day of a month in every two months between 11:00 a.m. to 2:00 p.m., till conclusion of the trial. However, the applicant is permitted to enter the said districts to attend the criminal cases pending against him including the present case. (iii) 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. (iv) On being released from jail, the applicant shall furnish his contact number and residential address to the
P.H. JAYANI 924 BA3730.2026.DOC Investigating Officer and shall keep him updated in case there is any change.
(v) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (vi) 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 trial and also not be taken as an expression of opinion on the merits of the case.
9. The Bail Application stands disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.09.29 20:20:59 +0530