Bombay High Court

HARAN KALYAN CHAVANversusTHE STATE OF MAHARASHTRA

Decided: 9 September 2026
Disposal: Rejected

Holding

The court held that because an identification parade and custodial interrogation are required, anticipatory bail cannot be granted.

Summary

The applicant, Haran Kalyan Chavan, was implicated as the driver in a dacoity and theft that occurred at a village fair on 20 April 2025, where several gold ornaments were stolen. He filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, claiming he was not involved and that his inclusion as an accused was based solely on a co‑accused’s statement. The prosecution alleged that the applicant aided the escape of the thieves and was named in the chargesheet under Section 335 of the BNSS. The respondent argued that an identification parade and custodial interrogation were necessary, making bail inappropriate. The court examined the investigation records, noting the need for identification and the lack of any substantive justification for bail. Consequently, the court dismissed the anticipatory bail application, holding that the applicant must be subjected to identification and interrogation.

Issues considered

Whether anticipatory bail can be granted to the applicant under Section 482 of the BNSS in view of the allegations and the need for an identification parade.
Whether the requirement of custodial interrogation and identification parade precludes the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 335, 482
Bharatiya Nyay Sanhita, 2023 — s. 310(2)

Subjects

anticipatory bail
identification parade
dacoity
theft
criminal procedure
Section 482
Section 310(2)
Section 335

Judgment

                                                 904-ABA-1602-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.1602 OF 2026


Haran Kalyan Chavan                                  …Applicant
      Versus
The State of Maharashtra                             …Respondent


Mr. Prasanna K. Shahane, for the Applicant.
Mrs. M. R. Tidke, APP, for the Respondent-State.
Mr. Balaji Shendge, API, attached to Nandgaon Police Station,
Nashik Rural, Nashik, present.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     9th SEPTEMBER 2026
PC:-


1.       Heard Mr. Shahane, learned Counsel appearing for the

Applicant and Mrs. Tidke, learned APP appearing for the

Respondent-State.



2.       This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (“BNSS”) registered with

Nandgaon Police Station, Nashik Rural, Nashik, for the offences

punishable under Section 310(2) of the Bharatiya Nyay Sanhita,

2023 (“BNS”).




                                 Page 1
Sonali
                                                 904-ABA-1602-2026.DOC




3.       The prosecution case is set out in paragraph Nos.5 and 6 of

the order dated 28th May 2026 passed by the learned Additional

Sessions Judge, Malegaon, District-Nashik, in Criminal Bail

Application No.467 of 2026, which reads as under:


            “5. The present prosecution is in respect of a
            dacoity in a village fair on 20.4.2025 at about
            7.00 p.m. at village Takali Bk. Taluka Nandgaon,
            District Nashik. The informant is one of the
            victim. She was along with her family and
            children have been in the said fair to purchase
            clothes in the market. At that time, the women
            accused No.1 to 4 have surrounded to her and
            forcibly took out her necklace of gold 4 grm
            worth Rs.24,000/-. Likewise the gold ornaments
            of other witnesses namely Prasanna Borse,
            Bharati Pawar, Komal Lokhande, Savita Ahire and
            Sangita Pagare have been stolen by them. The
            villagers caught to the accused No.1 to 4 at the
            place of occurrence when they were fleeing away.
            However, one more unknown lady fled away
            along with stolen articles in a car plied by other
            male unknown offender.
            6. On that count, the informant lodged the report
            at police station Nandgaon on 20.4.2025. The
            police station officer Nandgaon registered crime
            No.182/2025 for the offence punishable under
            Section 310(2) of the Bharatiya Nyay Sanhita,
            2023 against accused No.1 to 4 and others.
            Lateron involvement of present applicant is made
            out as driver of the vehicle who fled away along
            with unknown lady and stolen articles in the
            Swift Desire Car.”

4.       It is the submission of learned Counsel appearing for the

Applicant that the Applicant is not involved in the crime. He




                                 Page 2
Sonali
                                                904-ABA-1602-2026.DOC




submits that in fact, one Shubham Deepak Shelke has been shown

as accused. He submits that in the FIR names of four persons and

two unknown persons as accused are mentioned. In the first

Remand Report dated 21st April 2025 again the same four names

are named as accused and one male and one female have been

shown as unknown accused. He submits that in the second

Remand Report dated 23rd April 2025, one Shubham Deepak

Shelke, Kiran Babusha Pawar and one unknown female are shown

as accused apart from the said four persons. He submits that the

Applicant has been arraigned as an accused solely on the basis of

the statement of the co-accused-Shubham Deepak Shelke. He

submits that in fact, the chargesheet has now been filed against

four persons originally named in the FIR as well as against the

present Applicant under Section 335 of the BNSS, wherein the

Applicant is described as absconding and also one unknown lady is

shown as accused in the chargesheet. It is submitted that said

Shubham Deepak Shelke has not been named in the chargesheet.

He submits that there are no criminal antecedents against the

Applicant, therefore, the Applicant be released on anticipatory bail.




                                Page 3
Sonali
                                                 904-ABA-1602-2026.DOC




5.       On the other hand, Mrs. Tidke, learned APP strongly opposes

the Anticipatory Bail Application. She points out that in this case,

identification parade is required to be conducted and therefore, the

custodial interrogation of the Applicant is necessary.



6.       Perusal of the record shows that Shubham Deepak Shelke

was although initially shown as an accused as the cell phone which

is used by the person who fled in the car belonged to Shubham

Deepak Shelke. However, during subsequent investigation it was

revealed that Shubham Deepak Shelke and the present Applicant

along with others were sharing a room and that the said Shubham

Deepak Shelke had handed over his SIM Card to the Applicant at

the request of the Applicant.



7.       Learned APP rightly pointed out that in this case

identification parade is required and therefore, the custodial

interrogation of the Applicant is necessary. Although, there is no

other antecedents against the Applicant, no case is made out for

grant of anticipatory bail.




                                 Page 4
Sonali
                                                                   904-ABA-1602-2026.DOC




                8.       Accordingly, the Anticipatory Bail Application is dismissed.




                                                            [MADHAV J. JAMDAR, J.]




 SONALI
 MILIND
 PATIL
Digitally signed by
SONALI MILIND
PATIL
Date: 2026.09.09
15:11:18 +0530




                                                  Page 5
                Sonali

Continue reading with your account

Checking your session…