Vaibhav Subhash Chaudhari v. The State Of Maharashtra
2025:BHC-AUG:12394 {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.697 OF 2025 Vaibhav Subhash Chaudhari, Age: 23 years, Occu.: Education, R/o. Kashti, Tq. shrigonda, Dist. Ahilyanagar.
... Applicant
Versus
The State of Maharashtra Through The Police Inspector, Shrigonda Police Station, Tq. Shrigonda, Dist. Ahilyanagar ... Respondent ......
Mr. Rahul R. Karpe, Advocate for Applicant Mrs. Vaishali S. Chaudhari, APP for Respondent - State ......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 28 APRIL 2025 PRONOUNCED ON : 29 APRIL 2025 PER COURT :- 1.
Present application is for grant of regular bail on account of arrest of applicants in Crime No.0044 of 2025, registered at Shrigonda Police Station, District Ahilyanagar for offences punishable under Sections 109, 189(2), 191(2), 191(3), 190, 115(2), 351(2) of the Bharatiya Nyaya Sanhita (BNS) and under Sections 3/25 of the Arms Act.
{2} 2.
Learned counsel for the applicant pointed out that, applicant is arrested in above crime on18.01.2025. That, coaccused are already released on bail. That, applicant is similarly situated. That, there are allegations that one Sai Sanjay Madne brought the pistol and applicant allegedly fired it. That, there are no injuries. That, now investigation is over and charge-sheet is already filed and as there are no immediate prospects of matter going for trial, learned counsel urges for grant of bail. 3.
Learned APP opposed on the ground that applicant is named in the FIR. That, he has used a firearm, and actual firing was done. That, there are eyewitnesses account. According to learned APP, investigation is still in progress and role of the present applicant cannot be equated with other co-accused, who is granted bail as applicant has actually used a firearm. For all above reasons, he opposes the bail.
4.
Heard. Perused the papers. FIR dated 18.01.2025 is at the instance of one Subhash Jaysing Pachpute. He has reported that, he works as a Manager in the permit room. He claims that, on 17.01.2025, at around 07:30 p.m., three unknown persons accompanied by Vaibhav Subhash Chaudhari (Present applicant), Sai Sanjay Madne came to the Hotel and placed an
{3} order for liquor. Informant claims that, thereafter there are four unknown persons came to the counter and informant heard shouts and commotion while he was in the washroom and when he came out of washroom, he saw present applicant and Sai Madne along with three unknown persons were beaten four unknown persons. He further claims that, liquor bottles were smashed. Sai Sanjay Madne ran to the parking and returned with country-made revolver and present applicant allegedly fired at the four unknown persons and fled. On the above report crime seems to have been registered.
5.
Apparently, there was firing. Learned counsel for the applicant pointed out that there are no injuries. Considering the nature of allegations, there may not be injuries. Applicant was seen using a firearm, which is said to be unlicensed. Moreover, investigation is still incomplete. Resultantly, this Court does not find it a fit case to grant bail. Hence, the following order:
ORDER
Bail Application is rejected..
ABHAY S. WAGHWASE, JUDGE S P Rane