Bombay High Court

VIVEK@VICKY RAJESH KHARADEversusTHE STATE OF MAHARASHTRA

Decided: 6 August 2026
Disposal: Allowed
Bench: ASHWIN D BHOBE

Holding

Bail is granted on the ground of parity and the absence of charge framing, subject to standard conditions.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Vivek Rajesh Kharade, accused (Accused No. 7) in a Special MCOCA case for allegedly brandishing and firing a pistol in a public place on 20 June 2024. The applicant argued that the allegations against him were identical to those against co‑accused Niraj @ Dadya Babu Pawar (Accused No. 2), who had been released on bail by the same court, and that no charge had yet been framed in the case. The State contended that the offence was serious and that the applicant might abscond or tamper with witnesses. The court noted the lack of charge framing, the applicant’s prolonged pre‑trial detention since July 2024, and the absence of distinguishing facts, and applied the principle of parity with the co‑accused. Consequently, the court granted bail on a personal bond of Rs 50,000 with conditions, and disposed of the bail application.

Issues considered

Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a Special MCOCA case involving firearm offences.
Whether the principle of parity with a co‑accused who was granted bail warrants the release of the applicant.
Whether the non‑framing of charges and prolonged pre‑trial detention justify bail.

Legislation cited

Arms Act — s. 3(25), 3(27)
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Criminal Law Amendment Act — s. 3, 7
Indian Penal Code, 1860 — s. 120-B, 143, 144, 147, 148, 149, 308
Maharashtra Control of Organized Crime Act, 1999 — s. 3(1)(ii), 3(2), 3(4)
Maharashtra Police Act — s. 37(1)(3) read with 135

Subjects

bail
parity
MCOCA
firearm offence
Section 483
pre‑trial detention
charge framing

Judgment

911-BA-2468-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2468 OF 2026
Vivek@Vicky Rajesh Kharade … Applicant
Versus.
The State of Maharashtra … Respondent
-----
Mr. Ashraf Ali Shaikh (through VC) a/w Padmasinh Patil, Advocate for
the Applicant.
Mrs. Shilpa Talhar, APP, for the Respondent – State.
PSI Dipak Nikam, Talegaon Dabhade Police Station, is present.
-------

CORAM : ASHWIN D. BHOBE, J.
DATE : 6th August, 2026.
P.C. :

1. Heard Mr. Ashraf Ali Shaikh, learned Advocate for the Applicant

and Mrs. Shilpa Talhar, learned APP for the Respondent – State.

2. By the present Application filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks Bail in

connection with C.R. No. 320 of 2024 registered at Talegaon Dabhade

Police Station, Pimpri Chinchwad, Pune, for offences punishable under

Sections 308, 143, 144, 147, 148, 149 and 120-B of the Indian Penal

Code, 1860, Sections 3(25) and 3(27) of the Arms Act; Sections 37(1)

(3) read with 135 of the Maharashtra Police Act, Sections 3 and 7 of the

Criminal Law Amendment Act, and Sections 3(1)(ii), 3(2) and 3(4) of

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the Maharashtra Control of Organized Crime Act, 1999.

3. Mr. Ashraf Ali Shaikh, learned Advocate for the Applicant, states

that there are eight (8) Accused in C.R. No. 320 of 2024, with the

Applicant as Accused No. 7. He states that Crime No. 320 of 2024 has

now been registered as Special (MCOCA) Case No. 1439 of 2024 and is

pending before the Additional Special Judge (Under MCOC Act), Pune

(“Trial Court”).

4. The prosecution case is that on 20.06.2024, between about 8:10

am and 8:30 pm, the Applicant and the co-accused brandished weapons

and fired a pistol in a public place to create terror in the said area.

5. The Applicant was arrested on 23.07.2024. The Bail Application

at Exhibit – 53 in Special (MCOCA) Case No. 1439 of 2024 filed by the

Applicant was rejected by the Trial Court on 22.05.2026.

6. Mr. Ashraf Ali Shaikh, learned Advocate for the Applicant,

submits that the allegations against the Applicant (Accused No. 7) in

Crime No. 320 of 2024 are similar to and identical with those made

against Niraj @ Dadya Babu Pawar (Accused No. 2). He submits that

Accused No. 2 has been released on Bail by this Court vide order dated

23.03.2026, passed in Bail Application No. 4446 of 2025. He tenders a
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photostat copy of the order dated 23.03.2026 passed in Bail Application

No. 4446 of 2025, which is taken on record and marked “X” for

identification. He therefore submits that the Applicant, against whom

the allegations are similar to those against Accused No. 2, be released

on Bail on the ground of parity.

7. Mrs. Shilpa Talhar, learned APP for the Respondent – State,

submits that the allegations in Crime No. 320 of 2024 are serious. She

submits that the allegations against the Applicant are that of firing a

pistol at a public place to create terror in the said area. She submits that

the pistol has been recovered from the Applicant. However, Mrs. Shilpa

Talhar does not dispute the fact that Accused No. 2 (Niraj @ Dadya

Babu Pawar), against whom similar allegations are made, has been

released on Bail by this Court.

8. With the assistance of the learned Advocates, perused the records

and the order dated 23.03.2026 passed by this Court in Criminal Bail

Application No. 4446 of 2025.

9. In Paragraph No. 4 of the order dated 23.03.2026 passed in

Criminal Bail Application No. 4446 of 2025 (X), this Court has referred

to the role of Accused No. 2 (Niraj @ Dadya Babu Pawar), which reads

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911-BA-2468-2026.doc

as follows :-

“4. It is contention of learned APP that the
applicant fired from pistol at public place to create
terror in the said area. If the applicant is released on
bail, he may abscond or threaten prosecution
witnesses. Hence, requested to reject the application.”

10. Records indicate that the Applicant is also alleged to have fired a

pistol in a public place, causing terror in the said area. On the same

facts, Accused No. 2 (Niraj @ Dadya Babu Pawar) has been released on

Regular Bail by this Court.

11. Mr. Ashraf Ali Shaikh, learned Advocate for the Applicant, states

that the maximum punishment that can be attracted in Crime No. 320

of 2024 would be 3 years, as no harm was caused. He further states that

to date, the charge has not been framed in Special (MCOCA) Case No.

1439 of 2024.

12. Considering the circumstances and the submissions made by Mr.

Ashraf Ali Shaikh, learned Advocate for the Applicant, that to date no

charge has been framed in Special (MCOCA) Case No. 1439 of 2024,

the Applicant having been incarcerated since 23.07.2024 and there

being no material on record to demonstrate any distinguishing

circumstances that would warrant a different view in the case of the
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Applicant, the Applicant is entitled to bail on grounds of parity.

13. In view of the above, this Application is allowed on the following

terms:-

(a) The Applicant is directed to be released on Bail

in connection with C.R. No. 320 of 2024, registered

with Talegaon Dabhade Police Station, Pimpri

Chinchwad, Pune, upon furnishing a P.R. Bond in the

sum of Rs. 50,000/- (Rupees Fifty Thousand Only)

with one or two sureties, in the like amount, to the

satisfaction of the Trial Court in Special (MCOCA)

Case No. 1439 of 2024.

(b) The Applicant shall not, directly or indirectly,

make any inducement, threat or promise to any person

acquainted with the facts of the case to dissuade that

person from disclosing the facts to the Court or any

police officer. Applicant shall not tamper with

evidence.

release from jail, provide to the Investigating Officer,
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Talegaon Dabhade Police Station, Pimpri Chinchwad,

Pune, his residential address with proof, the contact

numbers and must inform the Investigating Officer

about the change in the same from time to time.

(d) The Applicant shall report to the Investigating

Officer, Talegaon Dabhade Police Station, Pimpri

Chinchwad, Pune, on the 2nd and 4th Monday of each

month, from 10:00 a.m. to 12:00 noon, until further

orders from the Trial Court.

(e) The Applicant shall regularly appear before the

Trial Court in Special (MCOCA) Case No. 1439 of

2024, as and when the matter is fixed, unless

specifically exempted. If the Applicant fails to appear

before the Trial Court on the date fixed, it would be

considered a breach of condition and the Trial Court

would be at liberty to pass appropriate orders.

14. Bail Application No. 2468 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN Arjun 6
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.08.06
19:17:57
+0530

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