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Bombay High CourtBA/2492/2025application allowed

Hemant Alias Vickky Ishwar Chaudhari v. The State Of Maharashtra

2026-02-06Hon'Ble Shri Justice Sachin S. Deshmukh4 pages

2026:BHC-AUG:5302

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 2492 OF 2025 HEMANT @ VICKKY ISHWAR CHAUDHARI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Abhaysinh K. Bhosle APP for Respondent : Mr. G. O. Wattamwar ...

CORAM : SACHIN S. DESHMUKH, J.

DATE : 06-02-2026 PER COURT:- 1.

The applicant seeks bail in connection with Crime No.30 of 2025 dated 07.02.2025 registered with Jilhapeth Police Station, District Jalgaon, for the offences punishable under Sections 111, 115, 189(2), 191(1), 191(2), 308(2), 310(2), 324(2) of the Bharatiya Nyaya Sanhita, 2023.

2.

The prosecution case is that the informant, Arun, and his partner, Brijlal, operate the "Nashirabad Sports Foundation" at Chandelkar Plaza, Jalgaon. In the year 2022, Arun registered a murder case against accused No. 1, Bhushan, and his associates. On 06.02.2025, while the informant and his colleague were at the club, accused Nos.1 to 15 formed an unlawful assembly and entered the premises armed with sticks. Their primary objective was to intimidate the informant into not deposing in the aforementioned murder trial. Accused No. 1 allegedly threatened

the informant's life, demanded monthly extortion for the club's operation, and physically assaulted him. When Brijlal intervened, the accused abused and scuffled with him. Before fleeing, the group forcibly took Rs.8,000 from the cash counter and caused property damage valued at Rs.20,000. Consequently, the report is lodged.

3.

Learned counsel for the applicant submits that the applicant is falsely implicated in the alleged crime. There are vague and general allegations against the applicant. In the said crime, the applicant has volunatarily surrendered on 13.09.2025 and since then he is in custody. Also the co-accused are already released on bail, hence, the applicant seeks parity. Hence, prayed to release the applicant on bail.

4.

Learned A.P.P. has opposed the application and submitted that the offence is serious in nature. Further, expressed the apprehension that the applicant is likely to abscond if released on bail. Hence, prayed to reject the application. 5.

Having heard the respective counsel from both the sides and upon perusal of the material on record, including the charge sheet indicates that there are no specific allegation or overt act attributed to the present applicant. The primary allegations of threats and extortion are levelled against accused No.1. Moreover, the co-accused having similar role to that of the applicant are already released on bail by the trial Court.

6.

Furthermore, the alleged crime has taken place on account of some prior murder case and the object of the unlawful assembly was to deter the informant to depose in the same. However, the present applicant is neither the accused in the said case nor is related to the informant in any way.

7.

Nevertheless, the investigation is complete for all intent and purpose, resultantly, the chargesheet is filed. Having regard to the number of the accused and the witnesses which the prosecution proposes to examine, it is very unlikely that the trial can be commenced and concluded within a reasonable period. As such, further incarceration, in the circumstances of the case, does not seem to be either warranted or justifiable. I am, therefore, persuaded to exercise the discretion in favour of the applicant. 8.

Hence, the following order:-

ORDER

(i) Bail application is allowed.

(ii) Applicant, Hemant @ Vickky Ishwar Chaudhari, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only), with one solvent surety of the like amount in Crime No.30 of 2025 dated 07.02.2025 registered with Jilhapeth Police Station, District Jalgaon, for the offences punishable under Sections 111, 115, 189(2), 191(1), 191(2), 308(2), 310(2), 324(2) of the Bharatiya Nyaya Sanhita, 2023, on the conditions that;

(a) The applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

(b) The applicant shall attend the trial on each and every date unless exempted by the trial Court.

(c) The applicant shall submit their Aadhar and Pan Cards to the Investigation Officer and detailed addresses and phone numbers of applicants and two of the near relatives.

(d) In case of breach of any of the conditions by the applicant, it is open for the Prosecution to move this Court seeking cancellation of bail.

(iii) Needless to state that the observations rendered herein are to the extent of this application and the trial court shall not be influenced by the same.

[SACHIN S. DESHMUKH] JUDGE rrd