Alok Bhaskar Chauhan v. The State Of Maharashtra And Another

2026:BHC-AUG:20090 1 ba 729.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 729 OF 2026 Alok Bhaskar Chauhan, Age : 21 Years, Occu. : Private Service, R/o Village Piloda, Taluka Shirpur, Dist. Dhule.

.. Applicant

Versus

The State of Maharashtra and another .. Respondents Shri Ganesh A. Gadhe Advocate h/f Shri Jitendra V. Patil, Advocate for the Applicant.

Shri C. V. Bhadane, A.P.P. for the Respondent Nos. 1 and 2. Shri N. N. Desale, Advocate for the Informant in C. A. No. 1762 of 2026 (Assist to P.P.) CORAM : SHAILESH P. BRAHME, J.

DATE : 04TH MAY, 2026.

FINAL ORDER :

.

Heard both sides.

2.

Applicant is seeking enlargement on bail in respect of offence bearing Cr. No. 94/2025 registered with Thalner Police Station, Tq. Shirpur, Dist. Dhule for the offences punishable U/Sec. 333 and 103(1) and subsequently added Sec. 331(8), 307, 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3.

The applicant is involved in the offence of dacoity with murder. It is alleged that applicant and co-accused Akash

2 ba 729.26 Pawan Icche tress passed in the house of the deceased Gopalsing in the night intervening 31.06.2025 to 01.07.2025 for committing theft as they were in need of money. They are alleged to have assaulted Gopalsing Babusing Pardeshi to the death and fleed away from the spot. They are alleged to have confessed the overt act with witness Sandip Gangaram Ahire, who is resident of Wasol, Tq. Dewala, Dist. Nashik. The applicant was arrested on 01.07.2025. The charge sheet is filed on 16.09.2025. 4.

Learned counsel appearing for the applicant submits that, his client is entitled to be released on bail on the ground of parity as the co-accused Akash Icche has already been released on bail vide order dated 10.04.2026, which is produced on record. No antecedents are reported against his client. The prosecution case appears to be doubtful considering the medico - legal certificate. The theory of extra judicial confession is improbable. 5.

Learned A. P. P. would submit that the statement of Vasudeo Pralhad Bhoi would indicate the involvement of the applicant. The statement of Akash would indicate that the accused were in need of money. The applicant is stated to be the prime suspect. His role is more culpitry than the co accused. 6.

I have gone through the order dated 10.04.2026 passed in Bail Application No. 306 of 2026 enlarging Akash Pawan Icche on bail. The case is based on circumstantial evidence. Both accused are alleged to have committed dacoity and murder. I do

3 ba 729.26 not find that the role attributed to the applicant is different than the one attributed to co-accused. Considering all aspects of the matter and submissions of the parties this Court enlarged coaccused on bail. 7.

This Court has already dealt with extra judicial confession as well as injuries found on the person of the present applicant. I propose to adopt the same reasons to enlarge the present applicant on bail. The statements of the witnesses can be dealt with in greater detail during the course of trial. There is no material on record to show that applicant played main role as mastermind. He is behind bars since 01.07.2025 and no criminal antecedents are reported against him. I, therefore, pass following order.

O R D E R

A.

The Bail Application is allowed.

B.

The applicant - Alok Bhaskar Chauhan shall be released on bail in connection with Crime No. 94/2025, registered with Thalner Police Station, Tq. Shirpur, District Dhule, for the offences punishable under Sections 103(1), 333, 331(8), 307, 3(5) of Bharatiya Nyaya Sanhita, 2023, on following conditions : (a) The applicant shall furnish P.R. bond of Rs. 40,000/- (Rs. Forty Thousand only) with one solvent surety of like amount.

4 ba 729.26 (b) The applicant shall not tamper with prosecution evidence or contact with the prosecution witnesses. (c) The applicant shall stay away from village Piloda Tq. Shirpur District Dhule, till conclusion of the trial and report his whereabouts and contact number to the investigating officer.

(d) The applicant shall cooperate in expeditious disposal of the trial and attend the dates punctually. (e) The applicant shall surrender his Aadhar Card and PAN Card, if any, to the investigating officer. (f) Needless to mention that the observations herein above are prima faice in nature.

C.

Bail application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/May 26