Bombay High Court
KIRAN DATTATRAY CHAVANversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant subject to specified conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Kiran Dattatray Chavan, who was alleged to have aided co‑accused in fleeing the scene of a gang‑related crime involving multiple serious offences under the IPC, Arms Act, Maharashtra Police Act and the Maharashtra Control of Organised Crime Act. CCTV footage showed the applicant assisting the escape on a motorcycle, and the dispute stemmed from rivalry between two gang members. The court noted that other co‑accused, who played a larger role, had already been released on bail, and applied the principle of parity. After evaluating the prima facie observations, the court granted bail subject to stringent conditions including a bond, reporting requirements, and restrictions on travel and witness tampering. The order expressly limited its observations to bail and did not address the merits of the case, which will be tried on the evidence presented.
Issues considered
- What is the appropriateness of granting bail to the applicant under Section 483 of the BNSS, 2023, given the seriousness of the offences and his alleged role in facilitating the escape?
Legislation cited
- Arms Act, 1959 — s. 3/25, 4/25, 5/25
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 120(B), 143, 144, 147, 149, 201, 307, 385, 392
- Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(2), 3(4), 3(5)
- Maharashtra Police Act, 1951 — s. 135
Subjects
- bail
- criminal procedure
- organized crime
- gang violence
- Section 483 BNSS
- IPC offences
- Arms Act
- Maharashtra Police Act
- MCOCA
Judgment
61.BA.1755.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1755 OF 2026
Kiran Dattatray Chavan .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Akshay Bankapur, Advocate for Applicant.
Mr. Yogesh M. Nakhwa, APP for Respondent – State.
......…........…
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 30, 2026.
P.C.:
1. Heard Mr. Bankapur, learned Advocate for Applicant and
Mr. Nakhwa, learned APP for Respondent – State.
2. This is an Application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in
connection with C.R.No.64 of 2023 registered with Satpur Police
Station, District – Nashik for offences punishable under Sections 307,
143, 144, 147, 149, 385, 392, 120(B), 201 of the Indian Penal Code,
1860; Sections 3/25, 4/25, 5/25 of the Arms Act, 1959; Section 135 of
the Maharashtra Police Act, 1951 and under Sections 3(1)(ii), 3(2),
3(4) and 3(5) of the Maharashtra Control of Organised Crime Act,
1999 (for short ‘MCOC Act’)
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3. The role of the Applicant can be deciphered prima facie from
the CCTV footage relied upon by the prosecution. In that it is seen that
he aided the other co-accused persons in facilitating to flee away from
the scene of crime on motorcycle after the offence was committed. The
dispute between parties was in regard to enmity between Accused No.4
and Complainant who are both members of rival gangs and who were
desirous of establish their supremacy in the area under their control.
The reasons given in the order dated 16.09.2026 and 29.09.2026 while
releasing the other co-accused on bail who have played a far bigger
role than the present Applicant, persuades me to allow the present
Application on bail on parity.
4. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Kiran Dattatray Chavan is directed to be
immediately released from prison in connection with
CR. No.64 of 2023;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five
Thousand only) with one or two sureties in the like
amount;
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(iii) Applicant shall report to the Investigating Officer at
Satpur Police Station, Nashik, 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;
(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
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(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
5. 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.
6. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
2026.10.01
11:34:53 +0530
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