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Bombay High CourtBA/3719/2025allowed

Yash Alias Varun Samarsinh Jadhav v. The State Of Maharashtra

2026-02-03Hon'Ble Mrs. Justice Vrushali V. Joshi5 pages

VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3719 OF 2025 Yash @ Varun Samarsinh Jadhav ... Applicant V/s.

The State of Maharashtra ... Respondent VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2026.02.04 10:18:30 +0530 Mr. Shailesh D. Chavan with Mr. Prathmesh Bankar and Mr. Dhavalsinh Patil for the applicant.

Mr. Pankaj P. Deokar, APP for the State.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : FEBRUARY 3, 2026 P.C.:

1.

By the present bail application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant seeks regular bail in connection with Crime Register No. 4 of 2021 registered with Bhuinj Police Station, Taluka Wai, District Satara for offences punishable under Sections 302, 307, 364, 120-B, 396 and 201 read with Section 34 of the Indian Penal Code, 1860, and Sections 3(1) (ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999.

2.

It is alleged that the applicant, along with 17 other coaccused, assaulted three persons, beating them brutally. As a result of the assault, one of the victims, namely Omkar, died. Thereafter, the accused persons were taken into judicial custody. 3.

Learned counsel for the applicant submits that the applicant has been in jail since 16th January 2021. It is further submitted that out of the total accused, 13 co-accused have already been released on bail. The role attributed to the present applicant is identical to that of the co-accused who are already on bail and, therefore, the applicant is entitled to the benefit of parity. It is pointed out that the applicant has been incarcerated since the year 2021 and, till date, charges have not been framed. The applicant has remained in custody for nearly five years, and his implication in the present case is solely on the basis of the disclosure of his name in the statement of a co-accused. In view of the prolonged incarceration and the ground of parity, learned counsel prays that the applicant be released on bail.

4.

Learned APP opposes the application and submits that the applicant has six criminal antecedents. It is further submitted that in one of the offences, the applicant acted along with a gang

leader. Considering the gravity and seriousness of the offence, though some of the co-accused have been released on bail, learned APP prays for rejection of the present application. 5.

I have heard the learned counsel appearing for the respective parties. The applicant has been in custody since the year 2021 and there has been no substantial progress in the trial. As many as 13 co-accused, who are attributed with a similar role, have already been released on bail. Considering the role attributed to the present applicant and the availability of the ground of parity, the applicant deserves to be released on regular bail. 6.

Hence, following order is passed:

i) The bail application is allowed;

ii) The applicant - Yash @ Varun Samarsinh Jadhav is directed to be released on regular bail in connection with Crime Register No. 4 of 2021 registered with Bhuinj Police Station, Taluka Wai, District Satara for offences punishable under Sections 302, 307, 364, 120-B, 396 and 201 read with Section 34 of the Indian Penal Code, 1860, and Sections 3(1) (ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999, upon furnishing a personal bond of

Rs.50,000/- 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 Bhuinj Police Station, Taluka Wai, District Satara on first Monday of every month between 10.00 a.m. to 12.00 noon, until further orders. b) The applicant shall not enter the territorial jurisdiction of Taluka Wai till the conclusion of the trial, except for the purpose of reporting at the concerned police station or attending Court proceedings, as directed.

c) The applicant shall not tamper with the evidence or attempt to influence any witness.

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

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

7.

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