911-BA-2468-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2468 OF 2026 Vivek@Vicky Rajesh Kharade … Applicant Versus. The State of Maharashtra … Respondent ----- Mr. Ashraf Ali Shaikh (through VC) a/w Padmasinh Patil, Advocate for the Applicant. Mrs. Shilpa Talhar, APP, for the Respondent – State. PSI Dipak Nikam, Talegaon Dabhade Police Station, is present. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 6th August, 2026. P.C. : 1. Heard Mr. Ashraf Ali Shaikh, learned Advocate for the Applicant and Mrs. Shilpa Talhar, learned APP for the Respondent – State. 2. By the present Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks Bail in connection with C.R. No. 320 of 2024 registered at Talegaon Dabhade Police Station, Pimpri Chinchwad, Pune, for offences punishable under Sections 308, 143, 144, 147, 148, 149 and 120-B of the Indian Penal Code, 1860, Sections 3(25) and 3(27) of the Arms Act; Sections 37(1) (3) read with 135 of the Maharashtra Police Act, Sections 3 and 7 of the Criminal Law Amendment Act, and Sections 3(1)(ii), 3(2) and 3(4) of Arjun 1 911-BA-2468-2026.doc the Maharashtra Control of Organized Crime Act, 1999. 3. Mr. Ashraf Ali Shaikh, learned Advocate for the Applicant, states that there are eight (8) Accused in C.R. No. 320 of 2024, with the Applicant as Accused No. 7. He states that Crime No. 320 of 2024 has now been registered as Special (MCOCA) Case No. 1439 of 2024 and is pending before the Additional Special Judge (Under MCOC Act), Pune (“Trial Court”). 4. The prosecution case is that on 20.06.2024, between about 8:10 am and 8:30 pm, the Applicant and the co-accused brandished weapons and fired a pistol in a public place to create terror in the said area. 5. The Applicant was arrested on 23.07.2024. The Bail Application at Exhibit – 53 in Special (MCOCA) Case No. 1439 of 2024 filed by the Applicant was rejected by the Trial Court on 22.05.2026. 6. Mr. Ashraf Ali Shaikh, learned Advocate for the Applicant, submits that the allegations against the Applicant (Accused No. 7) in Crime No. 320 of 2024 are similar to and identical with those made against Niraj @ Dadya Babu Pawar (Accused No. 2). He submits that Accused No. 2 has been released on Bail by this Court vide order dated 23.03.2026, passed in Bail Application No. 4446 of 2025. He tenders a Arjun 2 911-BA-2468-2026.doc photostat copy of the order dated 23.03.2026 passed in Bail Application No. 4446 of 2025, which is taken on record and marked “X” for identification. He therefore submits that the Applicant, against whom the allegations are similar to those against Accused No. 2, be released on Bail on the ground of parity. 7. Mrs. Shilpa Talhar, learned APP for the Respondent – State, submits that the allegations in Crime No. 320 of 2024 are serious. She submits that the allegations against the Applicant are that of firing a pistol at a public place to create terror in the said area. She submits that the pistol has been recovered from the Applicant. However, Mrs. Shilpa Talhar does not dispute the fact that Accused No. 2 (Niraj @ Dadya Babu Pawar), against whom similar allegations are made, has been released on Bail by this Court. 8. With the assistance of the learned Advocates, perused the records and the order dated 23.03.2026 passed by this Court in Criminal Bail Application No. 4446 of 2025. 9. In Paragraph No. 4 of the order dated 23.03.2026 passed in Criminal Bail Application No. 4446 of 2025 (X), this Court has referred to the role of Accused No. 2 (Niraj @ Dadya Babu Pawar), which reads Arjun 3 911-BA-2468-2026.doc as follows :- “4. It is contention of learned APP that the applicant fired from pistol at public place to create terror in the said area. If the applicant is released on bail, he may abscond or threaten prosecution witnesses. Hence, requested to reject the application.” 10. Records indicate that the Applicant is also alleged to have fired a pistol in a public place, causing terror in the said area. On the same facts, Accused No. 2 (Niraj @ Dadya Babu Pawar) has been released on Regular Bail by this Court. 11. Mr. Ashraf Ali Shaikh, learned Advocate for the Applicant, states that the maximum punishment that can be attracted in Crime No. 320 of 2024 would be 3 years, as no harm was caused. He further states that to date, the charge has not been framed in Special (MCOCA) Case No. 1439 of 2024. 12. Considering the circumstances and the submissions made by Mr. Ashraf Ali Shaikh, learned Advocate for the Applicant, that to date no charge has been framed in Special (MCOCA) Case No. 1439 of 2024, the Applicant having been incarcerated since 23.07.2024 and there being no material on record to demonstrate any distinguishing circumstances that would warrant a different view in the case of the Arjun 4 911-BA-2468-2026.doc Applicant, the Applicant is entitled to bail on grounds of parity. 13. In view of the above, this Application is allowed on the following terms:- (a) The Applicant is directed to be released on Bail in connection with C.R. No. 320 of 2024, registered with Talegaon Dabhade Police Station, Pimpri Chinchwad, Pune, upon furnishing a P.R. Bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one or two sureties, in the like amount, to the satisfaction of the Trial Court in Special (MCOCA) Case No. 1439 of 2024. (b) The Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from disclosing the facts to the Court or any police officer. Applicant shall not tamper with evidence. (c) The Applicant shall, within three (3) days of his release from jail, provide to the Investigating Officer, Arjun 5 911-BA-2468-2026.doc Talegaon Dabhade Police Station, Pimpri Chinchwad, Pune, his residential address with proof, the contact numbers and must inform the Investigating Officer about the change in the same from time to time. (d) The Applicant shall report to the Investigating Officer, Talegaon Dabhade Police Station, Pimpri Chinchwad, Pune, on the 2nd and 4th Monday of each month, from 10:00 a.m. to 12:00 noon, until further orders from the Trial Court. (e) The Applicant shall regularly appear before the Trial Court in Special (MCOCA) Case No. 1439 of 2024, as and when the matter is fixed, unless specifically exempted. If the Applicant fails to appear before the Trial Court on the date fixed, it would be considered a breach of condition and the Trial Court would be at liberty to pass appropriate orders. 14. Bail Application No. 2468 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 6 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.08.06 19:17:57 +0530