RAJU @RAJA SANGAPPA GULKARversusTHE STATE OF MAHARASHTRA

                                                                            38. BA 1677-2026.doc

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                        BAIL APPLICATION NO. 1677 OF 2026

                      Raju alias Raja Sangappa Gulkar                   .Applicant

                                  Vs.

                      The State of Maharashtra                          .Respondent

                      Mr. Vivek Arote a/w. Mr. Harish Garde, Advocates, for the Applicant
                      Ms. Shilpa G. Talhar, APP, for the Respondent – State
         Digitally
         signed by
         ANAND
ANAND    SUDHAKAR                        CORAM : MILIND N. JADHAV, J.
SUDHAKAR SUDAME
SUDAME   Date:
         2026.09.22
         21:22:36
         +0530
                                         DATE     : 22.09.2026
                      P. C.

                      1.      Heard Mr. Arote, learned Counsel for the Applicant and Ms.

                      Talhar, learned APP for the Respondent – State.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 537 of 2025 registered with Kondhwa Police Station, Pune for

                      offences punishable under Sections 109, 189(2), 189(4), 191(1)&

                      191(3) of the BNS, under Section 4(25) of the Arms Act, under Section

                      7 of the Criminal Law Amendment Act, under Sections 37(1)(3)/135 of

                      the Maharashtra Police Act and under Sections 3(1)(ii), 3(2) and 3(4)

                      of the Maharashtra Control of Organised Crime Act,1999 (for short

                      “MCOCA”).

                      3.      The Applicant is one of the several Accused persons 11 in

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                                                       38. BA 1677-2026.doc

number in the present crime. No specific role has been attributed to the

Applicant before me. The case of the prosecution is that a gang of 11

persons and some other unknown persons in view of establishing

supremacy in the area of their residence and operation by having some

previous enmity committed the crime. Infliction of blows on the back

and hands by sharp weapons is the case of the prosecution against the

Accused persons. The present Applicant before me is 18 years old and a

young offender. Every opportunity should be therefore taken by the

Court to consider that if there is no specific direct role attributed to

him, an opportunity of releasing the Applicant on bail can be

considered by the Court so as to give him a chance to resurrect and

correct himself and become a good citizen of the Society. The Applicant

has no Criminal antecedents to his discredit though learned APP

otherwise submits that he was part of an organized gang. There is no

specific material placed before the Court to attribute the specific role

qua the Applicant save and except that the Applicant had encouraged

the others to commit the crime. The Applicant is incarcerated for the

past more than one year and two months.

4.      Considering the role of the Applicant and young age of the

Applicant, I am inclined to allow the present Application.

5.      Hence, in view of above prima facie observations and finding,


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                                                        38. BA 1677-2026.doc

Bail Application of Applicant is allowed subject to the following terms

and conditions:-

         (i)   Applicant – Raju alias Raja Sangappa Gulkar is directed

               to be immediately released from prison in connection

               with CR. No. 537 of 2025;


         (ii) Applicant is directed to be released on bail on furnishing

               P.R. Bond of Rs. 15,000/- (Rs. Fifteen Thousand only)

               with one or two sureties of the like amount;


         (iii) Applicant shall report to the Investigating Officer at

               Kondhwa Police Station, Pune, once every month, on the

               first Monday of the month between 10:00 a.m. to 12:00

               p.m. until commencement of trial and thereafter shall

               attend all dates of hearing before the Trial Court;


         (iv) Applicant shall cooperate with the conduct of the trial

               and remain present before the Trial Court on all dates,

               unless specifically exempted. Applicant shall not seek

               unnecessary adjournments. Any such conduct shall

               entitle the prosecution to apply for cancellation of bail;


         (v) Applicant shall not leave the State of Maharashtra

               without prior permission of the Trial Court;


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                                                          38. BA 1677-2026.doc

           (vi) Applicant shall not influence any of the witnesses or

                 tamper with the evidence in any manner;


           (vii) Applicant shall keep the Investigating Officer informed

                 of his current residential address and mobile telephone

                 number and shall forthwith inform the Investigating

                 Officer of any change in his residential address or

                 mobile telephone number, as and when such change

                 occurs; and


           (viii)Any breach or infraction of any of the aforesaid

                 conditions shall entail cancellation of the bail granted to

                 the Applicant.


6.      It is clarified that the observations made in this order are limited

for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.


7.      Bail Application is allowed and disposed in the above terms.



                                                  (MILIND N. JADHAV, J.)


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