Ayush Santoshrao Bhavsar v. The State Of Maharashtra

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1679 OF 2026 Ayush Santoshrao Bhavsar ...Applicant

VERSUS

The State Of Maharashtra

...Respondent

____________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.05.08 12:03:44 +0530 NILAM SANTOSH KAMBLE Mr.Hrishikesh Giri a/w Mr.Rajesh Gangale, for the Applicant. Mr.S.M. Mangaonkar, APP for Respondent-State. ____________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 7th MAY 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.326 of 2025 registered with Niphad Police Station, Nashik, for the offences punishable under Sections 109, 111, 61(2), 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short) and Sections 3 read with Section 25 and Section 5 read with Section 27 of the Arms Act 2.

It is prosecution's case that on 3rd October 2025 at around 9.30 p.m., co-accused fired at the First Informant and his friend with an intention to kill them.

3.

It is contention of learned counsel for the Applicant that name of the Applicant is not mentioned in the FIR. There are allegations of the

conspiracy against the Applicant. The Applicant is behind bars for more than seven months. The Applicant has no antecedents. It may take time to conclude the trial, and requested to allow the Application. 4.

It is contention of learned APP that, the Applicant conspired to kill the First Informant and his friend. The CDR report shows that the Applicant and co-accused were continuously in contact with each other. It shows involvement of the Applicant in the crime. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and 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 bars for more than seven months. His name is not mentioned in the FIR. There are allegations of conspiracy against the Applicant. To prove the role of the Applicant, evidence is required. The Applicant has no antecedents. There is no progress in trial. It may take time to conclude the trial.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.326 of 2025 registered with Niphad Police Station, Nashik, 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 attend the concerned Police Station as and when required.

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