54.BA.2069.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2069 OF 2026 Akshay Uttam Bharti .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Vivek Arote a/w. Mr. Akshay Dingale, Advocates for Applicant.  Ms. Shilpa G. Talhar, APP for Respondent – State.  Mr. Himanshu S. Gavit, Advocate for Intervenor. ......…........… CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 29, 2026. P.C.: 1. Heard Mr. Arote, learned Advocate for Applicant; Ms. Talhar, learned APP for Respondent – State and Mr. Gavit, learned Advocate for Intervenor. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in connection with C.R.No.64 of 2023 registered with Satpur Police Station, District Nashik for offences punishable under Sections 307, 143, 144, 147, 149, 385, 392, 120B and 201 of the Indian Penal Code, 1860 (for short ‘IPC’); Sections 3/25, 4/25 and 5/25 of the Arms Act; Section 135 of the Maharashtra Police Act and Sections 3(1)(ii), 3(2) and 3(5) of the Maharashtra Control of Organized Crime Act, 1999 (for short ‘MCOC Act’). The First Information Report is filed on 19.03.2023 and Applicant came to be arrested on 22.06.2023. 1 of 5 54.BA.2069.2026.doc 3. Applicant is indicted in the offence under various sections for attempt to murder as also under MCOCA Act. There are total 8 accused persons in the crime, out of which 4 of them have been enlarged on bail. Applicant is arraigned as Accused No.7 in the present crime. The role of Applicant and Accused No.3 is prima facie seen from the entire depiction of the incident in the CCTV footage appended at page No.121 of the Bail Application. His role is identical to that of Accused No.3. 4. Applicant's name is mentioned in the FIR and the supplementary statement but the weapon is stated to be different in both the statements. The CCTV footage prima facie shows the Applicant having bent and an interpretation is drawn that he had bent for assaulting the victim with a sharp weapon in his hand and thereafter alongwith the other co-accused person ran away from the incident spot. Witness statements have been recorded and there is prima facie dichotomy with regard to the number of persons who were present and the number of people who were chasing the Complainant after their Skoda car had crashed. 5. The dispute between the parties was with regard to enmity between Accused No.4 and Complainant who are members of rival gang and are desirous of establishing their supremacy in the area under their control. In view of the order dated 16.09.2026 enlarging 2 of 5 54.BA.2069.2026.doc Accused No.3 on bail and the reasons given therein, the role of Applicant being almost identical, I am inclined to allow the Application for bail on parity for the present Applicant – Accused No.7. 6. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Akshay Uttam Bharti is directed to be immediately released from prison in connection with CR. No.64 of 2023; (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 Satpur Police Station, once every month, on the first Sunday 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 3 of 5 54.BA.2069.2026.doc 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; (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. 7. 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. 4 of 5 54.BA.2069.2026.doc 8. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 5 of 5 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.29 19:39:38 +0530