Vaibhav Laxman Chalawadi v. The State Of Maharashtra

VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3516 OF 2025 Vaibhav Laxman Chalawadi ... Applicant V/s.

The State of Maharashtra ... Respondent VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2026.02.04 18:59:53 +0530 Ms. Pallavi Kante for the applicant.

Mr. Shrikant H. Yadav, APP for the State-respondent. Mr. Jotiba M. Bhosale, PSI, Sanjaynagar Police Station, Sangli is present.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : FEBRUARY 4, 2026 P.C.:

1.

By the instant bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 the applicant is seeking regular bail in connection with Crime Register No.97 of 2025 registered with Sanjaynagar Police Station, Sangli for offences punishable under Sections 103(1), 189(2), 191(2), 191(3), 190 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, Section 135 of the Maharashtra Police Act, 1951, Sections 4 and 27 of the Arms Act, 1959.

2.

The prosecution case, in short, is that on 12/05/2025, the complainant received a call from his younger brother, Vasim, stating that his friend Azaruddin had informed him that their brother (the deceased) had been attacked by six assailants, namely co-accused Nos. 1 to 6. The complainant and his younger brother rushed to the spot and took the deceased to the Civil Hospital, where he was declared dead.

3.

Learned counsel for the applicant submits that the name of the present applicant does not find place in the FIR. Even the statement of the eye-witness does not disclose the name of the applicant. Though the eye-witness has attributed specific roles to each of the assailants, no role is attributed to the present applicant. It is further submitted that the applicant is aged about 18 years. He has been arrested only on the ground that the vehicle allegedly used in the commission of the crime is owned by him. The CCTV footage is unclear and, as per the Investigating Officer, the applicant is merely shown therein. There are no allegations of assault against the present applicant. Though 3 to 4 persons are mentioned as unknown assailants, no Test Identification Parade was conducted. The CCTV footage has been sent to the Forensic

Science Laboratory and the report is still awaited. Therefore, it is contended that, except the recovery of the vehicle, there is no material to connect the applicant with the alleged offence. Considering the young age of the applicant and the fact that his name is not mentioned in the FIR, learned counsel prays that the applicant be released on bail.

4.

Learned APP opposed the application, submitting that the vehicle was used in the commission of the offence and that 7 to 8 persons had assaulted the deceased. It is further submitted that one of the co-accused, in his statement under Section 27, has named the present applicant as being present at the spot along with others. The applicant was absconding for four days after the incident, and the statement of one of his relatives shows that he was staying at Bamnoli, which indicates his involvement. Therefore, learned APP prays that the application be rejected. 5.

I have heard learned counsel appearing for the applicant and the learned APP.

6.

The applicant is 18 years of age. It appears from the FIR that his name is not mentioned by the informant, who has otherwise stated the role played by each of the assailants. In the present case,

only the vehicle of the applicant is alleged to have been used. It is doubtful whether the applicant himself was present with the said vehicle, as the eye-witness has not named him as one of the assailants. Considering his tender age, a case is made out to release the applicant on bail.

7.

Hence, following order is passed:

i) The bail application is allowed;

ii) The applicant - Vaibhav Laxman Chalawadi is directed to be released on regular bail in connection with Crime Register No.97 of 2025 registered with Sanjaynagar Police Station, Sangli for offences punishable under Sections 103(1), 189(2), 191(2), 191(3), 190 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, Section 135 of the Maharashtra Police Act, 1951, Sections 4 and 27 of the Arms Act, 1959, upon furnishing a personal bond of Rs.25,000/- with one or more solvent sureties in the like amount, to the satisfaction of the Trial Court, subject to the following conditions:

a) The applicant shall report the Sanjaynagar Police Station, Sangli on first Monday of every month between

10.00 a.m. to 12.00 noon, until further orders. b) The applicant shall not tamper with the evidence or attempt to influence any witness.

c) The applicant shall appear before the Trial Court on every date of hearing unless prevented by sufficient cause. d) The applicant shall not indulge in any criminal activity during the pendency of the trial.

e) The applicant shall not enter the territorial limits of entire Sangli District during the pendency of the trial, except for the purpose of reporting at the concerned police station or attending Court proceedings, as directed.

f) Any breach of these conditions shall result in the prosecution moving for cancellation of bail before the Trial Court.

8.

The bail application is allowed and disposed of. (MRS. VRUSHALI V. JOSHI, J.)