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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

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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