904-ABA-1602-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1602 OF 2026 Haran Kalyan Chavan …Applicant Versus The State of Maharashtra …Respondent Mr. Prasanna K. Shahane, for the Applicant. Mrs. M. R. Tidke, APP, for the Respondent-State. Mr. Balaji Shendge, API, attached to Nandgaon Police Station, Nashik Rural, Nashik, present. CORAM: MADHAV J. JAMDAR, J. DATED : 9th SEPTEMBER 2026 PC:- 1. Heard Mr. Shahane, learned Counsel appearing for the Applicant and Mrs. Tidke, learned APP appearing for the Respondent-State. 2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) registered with Nandgaon Police Station, Nashik Rural, Nashik, for the offences punishable under Section 310(2) of the Bharatiya Nyay Sanhita, 2023 (“BNS”). Page 1 Sonali 904-ABA-1602-2026.DOC 3. The prosecution case is set out in paragraph Nos.5 and 6 of the order dated 28th May 2026 passed by the learned Additional Sessions Judge, Malegaon, District-Nashik, in Criminal Bail Application No.467 of 2026, which reads as under: “5. The present prosecution is in respect of a dacoity in a village fair on 20.4.2025 at about 7.00 p.m. at village Takali Bk. Taluka Nandgaon, District Nashik. The informant is one of the victim. She was along with her family and children have been in the said fair to purchase clothes in the market. At that time, the women accused No.1 to 4 have surrounded to her and forcibly took out her necklace of gold 4 grm worth Rs.24,000/-. Likewise the gold ornaments of other witnesses namely Prasanna Borse, Bharati Pawar, Komal Lokhande, Savita Ahire and Sangita Pagare have been stolen by them. The villagers caught to the accused No.1 to 4 at the place of occurrence when they were fleeing away. However, one more unknown lady fled away along with stolen articles in a car plied by other male unknown offender. 6. On that count, the informant lodged the report at police station Nandgaon on 20.4.2025. The police station officer Nandgaon registered crime No.182/2025 for the offence punishable under Section 310(2) of the Bharatiya Nyay Sanhita, 2023 against accused No.1 to 4 and others. Lateron involvement of present applicant is made out as driver of the vehicle who fled away along with unknown lady and stolen articles in the Swift Desire Car.” 4. It is the submission of learned Counsel appearing for the Applicant that the Applicant is not involved in the crime. He Page 2 Sonali 904-ABA-1602-2026.DOC submits that in fact, one Shubham Deepak Shelke has been shown as accused. He submits that in the FIR names of four persons and two unknown persons as accused are mentioned. In the first Remand Report dated 21st April 2025 again the same four names are named as accused and one male and one female have been shown as unknown accused. He submits that in the second Remand Report dated 23rd April 2025, one Shubham Deepak Shelke, Kiran Babusha Pawar and one unknown female are shown as accused apart from the said four persons. He submits that the Applicant has been arraigned as an accused solely on the basis of the statement of the co-accused-Shubham Deepak Shelke. He submits that in fact, the chargesheet has now been filed against four persons originally named in the FIR as well as against the present Applicant under Section 335 of the BNSS, wherein the Applicant is described as absconding and also one unknown lady is shown as accused in the chargesheet. It is submitted that said Shubham Deepak Shelke has not been named in the chargesheet. He submits that there are no criminal antecedents against the Applicant, therefore, the Applicant be released on anticipatory bail. Page 3 Sonali 904-ABA-1602-2026.DOC 5. On the other hand, Mrs. Tidke, learned APP strongly opposes the Anticipatory Bail Application. She points out that in this case, identification parade is required to be conducted and therefore, the custodial interrogation of the Applicant is necessary. 6. Perusal of the record shows that Shubham Deepak Shelke was although initially shown as an accused as the cell phone which is used by the person who fled in the car belonged to Shubham Deepak Shelke. However, during subsequent investigation it was revealed that Shubham Deepak Shelke and the present Applicant along with others were sharing a room and that the said Shubham Deepak Shelke had handed over his SIM Card to the Applicant at the request of the Applicant. 7. Learned APP rightly pointed out that in this case identification parade is required and therefore, the custodial interrogation of the Applicant is necessary. Although, there is no other antecedents against the Applicant, no case is made out for grant of anticipatory bail. Page 4 Sonali 904-ABA-1602-2026.DOC 8. Accordingly, the Anticipatory Bail Application is dismissed. [MADHAV J. JAMDAR, J.] Page 5 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.09 15:11:18 +0530