7. BA 3618-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3618 OF 2026 Swapnil Shivaji Chaudhari .Applicant Vs. The State of Maharashtra .Respondent Mr. Satyavrat Joshi a/w. Mr. Priyesh More & Mr. Nawaz Dard i/b. Mr. Samay Pawar, Advocates, for the Applicant Ms. Shilpa G. Talhar, APP, for the Respondent – State Mr. B. R. Maye, PSI, Uruli Kanchan Police Station, Pune present CORAM : MILIND N. JADHAV, J. DATE : 28.09.2026 P. C. 1. Heard Mr. Joshi, learned Counsel for the Applicant and Ms. Talhar, learned APP for the Respondent – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) (in correspondence with Section 439 of the Code of Criminal Procedure, 1973) in connection with C.R.No. 328 of 2025 registered with Uruli Kanchan Police Station, Pune for offences punishable under Sections 103(1), 238, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Sections 4 and 25 of the Arms Act. 3. The case of the prosecution qua the Applicant before me is based Anand 1 of 5 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.29 20:10:43 +0530 7. BA 3618-2026.doc on circumstantial evidence only. The body of the deceased/victim was found by his brother and therefore, reported to the police of a crime against unknown persons. After ten days, the Applicant has been arrested pursuant to lodging the FIR on the ground that there was a precursor incident between the family members of both the sides. The witness statements recorded pursuant to the crime in question prima facie show that prior to the present incident in question, two non-cognizable complaints were recorded against each other by both the groups, wherein the Applicant before me was at the receiving end. There was a dispute with regard to payment of certain amounts for sugarcane harvesting and cutting which was not paid which escalated into a fight resulting in the Applicant’s Splendor Motor Cycle and his animal shed having been set on fire by the father of the deceased. The case of the prosecution is based on an extra judicial confession, copies of which are appended at page Nos. 72 & 73 of certain witnesses which prima facie state that because of the precursor incident, the Applicant before me had indulged in the present crime. 4. Learned Prosecutor would otherwise argue that the injuries on the body of the deceased/victim were from a sharp weapon and there has been recovery of Skype (Koyta) from the Applicant. Therefore, it prima facie proves the prosecution case. I refuse to accept the Anand 2 of 5 7. BA 3618-2026.doc submission at the threshold for considering the Bail Application, since Koyta is one such tool which is considered to be a necessity in the household and available in every household in the villages and it is also used for cutting of sugarcane. So hence merely because recovery of Koyta has been made, it would not amount to indictment of the Applicant prima facie. Hence, for the purpose of bail, arguable case is made out by Mr. Joshi. 5. In view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Swapnil Shivaji Chaudhari is directed to be immediately released from prison in connection with CR. No. 328 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 surety of the like amount; (iii) Applicant shall report to the Investigating Officer at Uruli Kanchan Police Station, Pune, once every month, on the first Monday 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; Anand 3 of 5 7. BA 3618-2026.doc (iv) Applicant shall co-operate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek 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. 6. 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 Anand 4 of 5 7. BA 3618-2026.doc 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. 7. Bail Application is allowed and disposed in the above terms. (MILIND N. JADHAV, J.) Anand 5 of 5