← Library
Bombay High CourtBA/1341/2025disposed off

Vaibhav Tanaji Dhore v. State Of Maharashtra

2026-01-27Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1341 OF 2025 Vaibhav Tanaji Dhore ... Applicant

Versus

The State of Maharashtra ... Respondent by NILAM SANTOSH KAMBLE Date:

2026.01.29 15:20:21 +0530 NILAM SANTOSH KAMBLE ________________________________________________________ Mr.Ibrahim Shaikh a/w Ms.Rui Danawala i/b Mr.Ashraf Ali Shaikh, for the Applicant.

Mr.B.B. Kulkarni, APP for Respondent-State.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 27th JANUARY, 2026 P.C. :

.

By this Application, Applicant is seeking regular bail in Crime No.368 of 2020 registered with Bhosari Police Station, Pune, for the offences punishable under Sections 302, 324, 352, 143, 144, 146, 147, 148 and 149 of the Indian Penal Code, 1860 ('IPC' for short), Sections 4(25) of the Arms Act, Sections 37(1) and 142 read with Section 135 of the Maharashtra Police Act, Sections 3(1)(i)(ii), and 3(4) of the The Maharashtra Control of Organised Crime Act, 1999 ('MCOC' Act).

2.

It is prosecution's case that on 8th August 2020 at around 10.55 p.m. the Applicant and co-accused assaulted the deceased and First Informant with sickle and murdered the deceased on account of old dispute.

3.

It is contention of learned counsel for the Applicant that the allegations against the Applicant are that he assaulted the First Informant with sickle. There are no allegations against the Applicant of assaulting the deceased. The Applicant is behind bars for more than five years. The co-accused having similar allegations have been released on bail and requested to allow the Application. 4.

It is contention of learned APP that, the Applicant is member of crime syndicate. He alongwith co-accused conspired against the deceased and murdered him. The statement under Section 18 of the MCOC of co-accused has been recorded. In the said statement, he has stated about the role played by the Applicant. If Applicant released on bail, he may abscond or threaten prosecution witnesses, and requested to reject the Application.

5.

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

6.

From the statement of the witness Shri.Dashrat Devkate, it appears that the Applicant assaulted him and the First Informant when they were trying to rescue the deceased, while being assaulted by the co-accused. The Applicant is behind bars for more than 5 years. There are no direct allegations against the Applicant of assaulting the deceased.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Vaibhav Tanaji Dhore be released on bail in Crime No.368 of 2020 registered with Bhosari 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 enter in the jurisdiction of Bhosari Police station till recording of evidence of First Informant, except attending Court dates.

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

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

(v) The Applicant shall attend the concerned Court as and when required.

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