DHEERAJ SURENDRA UPADHYAY @ DHEERAJ SURENDRA UPADHYAYversusSTATE OF MAHARASHTRA

                                                                        16-BA-144-2026
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

               CRIMINAL BAIL APPLICATION NO.144 OF 2026


Dheeraj Surendra Upadhyay
@ Dheeraj Surendra Upadhyay                                 …Applicant
          Versus
State of Maharashtra                                        ...Respondent

                                         ----
None for the Applicant.
Ms. S. G. Talhar, A.P.P. for the State.
R.G. Gujav, PSI, Malad Police Station -SGT is present.
                                        ----

                                         CORAM : ABHAY J. MANTRI, J.
                                         DATE : 27th FEBRUARY, 2026

P.C. :-

1.           The Applicant has moved this application to release him on bail in

connection with Crime No. 553 of 2025 registered with Malad Police Station for

the offences punishable under Sections 3 & 25 of the Arms Act, 1959 and

Sections 37(1)(a) and 135 of the Maharashtra Police Station Act, 1951.

2.           Heard the learned A.P.P. for the State. None appears for the Applicant

when the matter is called out, either in the Court Hall or through Video

Conferencing mode. Perused the application, chargesheet and records.

3.           It appears that on 16th September, 2025, the Applicant was found in

possession of a Gavathi Katta / Country-made Katta (firearm) and one foreign-

made pistol, two magazines, and several live cartridges. On inquiry, he stated

that he had purchased the said weapons from the co-accused. Accordingly, the

offence was registered against him for possessing the firearms without a license.
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4.          In the Application, it is contended that he has not committed any

offence and that he is innocent and falsely implicated in the present crime. He

has no criminal antecedents. The co-accused has been released on bail, and the

investigation is completed. Therefore, on the grounds of parity, the applicant

should be released on bail.

5.          Per contra, the learned A.P.P. vehemently resisted the application on

the ground that, though the chargesheet has been filed, the Applicant is not

entitled to bail as he has criminal antecedents. Five offences have been

registered against him at various police stations. Accordingly, learned A.P.P. has

tendered the report before the Court, the same is taken on record and marked as

‘X’ for identification purposes. I would like to reproduce those offences as under

:-

     (1) Kasturba Police Station, Mumbai, Crime No. 67/2008 under Sections 326,
         504, 506 of the Indian Penal Code.

     (2)Dahisar Police Station, Mumbai Crime No. 323/2011 under Sections 143, 145, 147,
        149 read with 37 of the Indian Penal Code.

     (3)Samata Nagar Police Station, Mumbai Crime No. 1307/2023 under Section 4(a), 5 of
        the Narcotic Drugs and Psychotropic Substances Act, 1985.

     (4)M.H.B. Colony Police Station, Mumbai Crime No. 422/2023 under Sections 279, 336
        of the Indian Penal Code and Section 184 of the Motor Vehicles Act.

     (5)Kasturba Police Station, Mumbai Crime No. 219/2025 under Sections 115(2), 114(1),
        352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.


6.          Therefore, learned A.P.P. urged for rejection of the application.

7.          Having gone through the record, it appears that since 16th September,

2025, the Applicant is behind bars. The police have recovered the firearm and

cartridges from his possession. The investigation has been completed, and the
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chargesheet has been filed in the Court. I have also considered offences

registered against the Applicant and allegations made therein, as well as the fact

that the co-accused has been released on bail. In view of the above, in my

opinion, it would not be appropriate to detain the applicant in jail for an

indefinite period. However, to dispel the apprehension of the prosecution,

stringent conditions can be imposed on the applicant while releasing him on

bail.

8.        As a result, the Application is allowed.

9.        The Applicant be released on bail in connection with Crime No. 553

of 2025 registered with Malad Police Station for the offences punishable under

Sections 3 & 25 of the Arms Act, 1959 and Sections 37(1)(a) and 135 of the

Maharashtra Police Station Act, 1951, upon furnishing a Personal Bond and

Security Bond of Rs. 1,00,000/- with one or two solvent sureties in the like

amount. On the following conditions: -

          i)           The Applicant shall not tamper with the prosecution
          evidence in any manner till the conclusion of the trial.

          ii)         The Applicant shall not leave India without prior
          permission of the Trial Court.

10.       The bail application is disposed of accordingly.



                                                     (ABHAY J. MANTRI, J.)




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