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Bombay High CourtBA/448/2025disposed off

Vitthal Mangesh Chavhan v. State Of Maharashtra

2026-01-05Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 448 OF 2025 Vitthal Mangesh Chavhan ... Applicant

Versus

State Of Maharashtra ... Respondent by NILAM SANTOSH KAMBLE Date: 2026.01.06 17:00:58 +0530 NILAM SANTOSH KAMBLE ________________________________________________________ Mr.Aniket Nikam, for the Applicant.

Mr.Makarand Patil APP for Respondent-State.

Mr.Datta Jadhav, PSI, Mahalunge Police Station (Chakan Police Station).

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 5th JANUARY, 2026 P.C. :

.

By this Application, Applicant is seeking regular bail in Crime No.118 of 2023 registered with Chakan Police Station, Pune, for the offence punishable under Section 302 of the Indian Penal Code, 1860 ('IPC' for short).

2.

It is prosecution's case that, on 19th January 2023, the Applicant murdered the deceased by assaulting him with the stones, on the ground of dispute of drinking of alcohol.

3.

It is contention of learned counsel for the Applicant that, the incident occurred suddenly. The Applicant had no intention to kill the deceased. The Applicant is behind bar for around three years. Yet, charge has not been framed. It may take time to conclude the trial. Hence, requested to allow the Application.

4.

It is contention of learned APP that the incident is captured in CCTV footage. The Applicant is seen in the CCTV footage, assaulting the deceased with stone. There is direct evidence against the Applicant. If Applicant released on bail, he may abscond or threaten prosecution witnesses. Hence, requested to reject the Application. 5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

The Applicant is behind bar for around three years. Yet, charge has not been framed. It appears that the incident occurred as a result of sudden quarrel. The Applicant has no antecedent. It may take time to conclude the trial.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Vitthal Mangesh Chavhan be released on bail in Crime No.118 of 2023 registered with Chakan Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall give attendance before the Investigating Officer once a month on first Monday of the month, till framing of the charge.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)