52.BA.2308.2026.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. 2308 OF 2026 Rohan Pandit Mhalaskar .. Applicant Versus State of Maharashtra .. Respondent WITH INTERIM APPLICATION NO. 2449 OF 2026 IN BAIL APPLICATION NO. 2308 OF 2026 Jayashree Dyaneshwar Barge .. Intervenor / Orig. Complainant IN THE MATTER BETWEEN: Rohan Pandit Mhalaskar .. Applicant / Orig. Accused Versus State of Maharashtra .. Respondent ....................  Mr. Tanmay T. Kate a/w. Ashraf Kazi and Mr. Navinya Gadiya, Advocates i/by Vipul Dushing for Applicant.  Mr. Sukanta A. Karmakar, APP for Respondent – State.  Mr. Ishan Paradkar and Ms. Nawaz Dordi, Advocates for Intervenor.  PSI - Mr. Rupesh Khadse, MIDC Bhosari Police Station Pimpri Chinchwad present. ......…........… CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 17, 2026. P.C.: 1. Heard Mr. Kate, learned Advocate for Applicant; Mr. Karmakar, learned APP for Respondent – State and Mr. Paradkar, learned Advocate for Intervenor. 1 of 6 52.BA.2308.2026.doc 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS, 2023”) seeking regular Bail in connection with C.R. No.263 of 2025 registered with Bhosri MIDC Police Station for the offences punishable under Sections 103, 189(2), 189(4), 190, 191(2), 191(3) and 352 of the Bharatiya Nyaya Sanhita, 2023; under Section 4(25) of the Arms Act and Sections 37(1)(3) and 135 of the Maharashtra Police Act. 3. Present Applicant is arraigned as Accused No.2 in the present crime. The principal piece of material evidence which prima facie needs to be considered is the CCTV footage of the entire incident which has been captured by the prosecution and depicted vividly as appearing on page 173 and 174. Both the learned Advocates have referred to the same, without shying away from it. The other 2 accused persons have been granted bail. Accused Nos.3 and 5 have been enlarged on bail. Their role as can be seen is jointly and severally with the other accused persons, save and except the fact that they were not seen assaulting with the weapons. The weapons in the present case are wooden sticks and a sickle (dks;rk). 4. Role attributed to the present Applicant which is argued by the learned Advocate for the Informant is that he was seen carrying the weapons, flashing the weapons and arguing with the victims. When a pointed question is put forth to both the learned Advocates with regard 2 of 6 52.BA.2308.2026.doc to any specific act of assault by the weapon, in their fair-mindedness, they would say that though it is not so shown or seen from the CCTV footage but a generic statement appears in the report which is not specific though. They would submit that the fact that the present Applicant was egging the other accused persons is seen from the CCTV footage. 5. The learned Advocate for the Informant would submit that the deceased person has been assaulted with sharp weapons and the motive for the set crime appears to be a financial dispute between the parties. The investigation is completed. Applicant has been arrested on 16.05.2025 and is in incarceration for the past more than 1 year 4 months. Applicant has no antecedents either. 6. Prima facie, the CCTV footage does show the presence of the Applicant at the incident site, but it does not show any specific act of assault by the dangerous weapon by the Applicant. Though learned Advocate for the First Informant / Complainant would argue that the role attributed to the Applicant would not entitle him to be enlarged on bail on parity because he has been specifically assigned to have brought the weapons and there has been a recovery of weapons from him. 7. However, considering the fact that there is no specific assault made by Applicant on any of the victims or the victim concerned, I am 3 of 6 52.BA.2308.2026.doc inclined to allow the present Application for bail on parity with the other co-accused persons who have been granted bail. 8. 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 – Rohan Pandit Mhalaskar is directed to be immediately released from prison in connection with CR. No.263 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.30,000/- (Rs. Thirty Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Bhosari MIDC Police Station, 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; (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 unnecessary adjournments. Any such conduct shall 4 of 6 52.BA.2308.2026.doc 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; (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant; and (ix) Applicant is directed not to enter the jurisdiction of Bhosari MIDC Police Station and Khed Police Station, Pune, save and except to register his presence and to attend the Trial Court dates, until the trial is completed. 9. 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 5 of 6 52.BA.2308.2026.doc 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. 10. Bail Application is allowed and disposed in the above terms. 11. In view of disposal of Bail Application, pending Interim Application No.2449 of 2026 is accordingly disposed. [ MILIND N. JADHAV, J. ] Ajay 6 of 6 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.17 18:21:55 +0530