Bombay High Court
VAIBHAV GAJANAN UBALEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted on parity and prima facie material, subject to conditions.
Summary
The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Vaibhav Gajanan Ubale, who was arrested on 5 February 2026 for alleged offences under Sections 3, 4, 5 read with 25 of the Arms Act, 1959 and Section 135 of the Maharashtra Police Act, 1951. The prosecution’s case relied on the fact that the accused were apprehended in the applicant’s car, with no weapon recovered from him. The applicant argued that, since co‑accused had been released on bail, he was entitled to bail on parity and that the material before the court was only prima facie. The court found the applicant’s arguments persuasive, noting the lack of direct evidence against him and the precedent of bail to co‑accused, and therefore granted bail subject to a Rs 25,000 bond and several conditions. The order directed his immediate release, regular reporting to the investigating officer, and compliance with conditions, with non‑compliance leading to revocation. The bail application was allowed and disposed.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences under the Arms Act and Maharashtra Police Act.
- Whether the applicant is entitled to bail on parity with co‑accused who were released on bail.
- Whether the prima facie material presented is sufficient to justify bail.
Legislation cited
- Arms Act, 1959 — s. 25, 3, 4, 5
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Maharashtra Police Act, 1951 — s. 135
Subjects
- bail
- Arms Act
- Police Act
- parity
- prima facie
- criminal procedure
- conditions of bail
Judgment
28. CRI BA-2417-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2417 OF 2026
Vaibhav Gajanan Ubale .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Amit Pradhan, Advocate for Applicant
Ms. Shilpa G. Talhar, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 10, 2026
P. C.:
1. Heard Mr. Pradhan, learned Advocate for Applicant and Ms.
Talhar, learned APP for State.
2. This is an Application for bail under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 in C.R. No. I-87/2026 registered with
Nashik Road Police Station, Dist. Nashik for the offences punishable
under Sections 3, 4, 5 read with 25 of the Arms Act, 1959 and under
Section 135 of the Maharashtra Police Act, 1951.
3. Applicant is arraigned as accused No. 1 in the present crime.
According to the prosecution, when the accused persons were
apprehended, no recovery whatsoever of any weapon was made from
the Applicant. All that the prosecution case hinges upon is the vehicle,
namely the car which belonged to Applicant, in which all accused
1 of 3
28. CRI BA-2417-26.odt
persons were traveling and were apprehended by the Police near the
Jail Road area while on patrol.
4. Applicant was arrested on 05.02.2026. In view of the aforesaid
prima facie material which has been placed before the Court and both
co-accused having been released on bail, Applicant has made out a
case for grant of bail on parity. Hence, Applicant is relased on bail on
following conditions:-
5. In view of the above the following order is passed:-
(i) Applicant is directed to be immediately released from
prison in connection with C.R. No. I-87 of 2026;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
only) with one or two sureties in the like amount;
(iii) Applicant shall report to the Investigating Officer at
Nashik Road Police Station, once every month on the
first Sunday of the month between 10:00 a.m. to 12:00
p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
2 of 3
28. CRI BA-2417-26.odt
prosecution to apply for revocation of this order;
(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 address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
6. Needless to state that the above observations will not come in
the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
7. Bail Application is allowed and disposed of in the above terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.09.10
20:06:27
+0530
3 of 3
Checking your session…