Bombay High Court
AKSHAY UTTAM BHARTIversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to specified conditions.
Summary
The applicant, Akshay Uttam Bharti, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences including attempt to murder and violations under the IPC, Arms Act, Maharashtra Police Act and MCOCA. The FIR and CCTV footage indicated his involvement similar to another accused (Accused No.3) who had already been released on bail. The court noted the prima facie similarity and the principle of parity with the previously bailed accused. Considering the nature of the allegations and the conditions imposed, the court granted bail with a personal bond of Rs.25,000 and several strict conditions. The order expressly limited its observations to bail and refrained from commenting on the merits of the case.
Issues considered
- Whether bail should be granted to the applicant despite the serious nature of the offences alleged under the IPC, Arms Act, Maharashtra Police Act and MCOCA.
- Whether the principle of parity with Accused No.3, who was previously released on bail, warrants granting bail to the applicant.
Legislation cited
- Arms Act — s. 3/25, 4/25, 5/25
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 120B, 143, 144, 147, 149, 201, 307, 385, 392
- Maharashtra Control of Organized Crime Act, 1999 — s. 3(1)(ii), 3(2), 3(5)
- Maharashtra Police Act — s. 135
Subjects
- bail
- criminal procedure
- MCOCA
- IPC
- Arms Act
- Maharashtra
- parity
- CCTV evidence
Judgment
54.BA.2069.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2069 OF 2026
Akshay Uttam Bharti .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Vivek Arote a/w. Mr. Akshay Dingale, Advocates for Applicant.
Ms. Shilpa G. Talhar, APP for Respondent – State.
Mr. Himanshu S. Gavit, Advocate for Intervenor.
......…........…
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 29, 2026.
P.C.:
1. Heard Mr. Arote, learned Advocate for Applicant; Ms. Talhar,
learned APP for Respondent – State and Mr. Gavit, learned Advocate
for Intervenor.
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, 120B and 201 of the Indian Penal Code,
1860 (for short ‘IPC’); Sections 3/25, 4/25 and 5/25 of the Arms Act;
Section 135 of the Maharashtra Police Act and Sections 3(1)(ii), 3(2)
and 3(5) of the Maharashtra Control of Organized Crime Act, 1999
(for short ‘MCOC Act’). The First Information Report is filed on
19.03.2023 and Applicant came to be arrested on 22.06.2023.
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3. Applicant is indicted in the offence under various sections for
attempt to murder as also under MCOCA Act. There are total 8 accused
persons in the crime, out of which 4 of them have been enlarged on
bail. Applicant is arraigned as Accused No.7 in the present crime. The
role of Applicant and Accused No.3 is prima facie seen from the entire
depiction of the incident in the CCTV footage appended at page
No.121 of the Bail Application. His role is identical to that of Accused
No.3.
4. Applicant's name is mentioned in the FIR and the
supplementary statement but the weapon is stated to be different in
both the statements. The CCTV footage prima facie shows the
Applicant having bent and an interpretation is drawn that he had bent
for assaulting the victim with a sharp weapon in his hand and
thereafter alongwith the other co-accused person ran away from the
incident spot. Witness statements have been recorded and there is
prima facie dichotomy with regard to the number of persons who were
present and the number of people who were chasing the Complainant
after their Skoda car had crashed.
5. The dispute between the parties was with regard to enmity
between Accused No.4 and Complainant who are members of rival
gang and are desirous of establishing their supremacy in the area
under their control. In view of the order dated 16.09.2026 enlarging
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Accused No.3 on bail and the reasons given therein, the role of
Applicant being almost identical, I am inclined to allow the Application
for bail on parity for the present Applicant – Accused No.7.
6. 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 – Akshay Uttam Bharti 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;
(iii) Applicant shall report to the Investigating Officer at
Satpur Police Station, once every month, on the first
Sunday 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
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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
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
7. 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.
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8. 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:
2026.09.29
19:39:38 +0530
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