Bombay High Court

HEMANT ALIAS VICKKY ISHWAR CHAUDHARIversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: SACHIN S DESHMUKH

Holding

Bail was granted because the applicant was not specifically implicated in the alleged offences and continued detention was not justified.

Summary

The applicant, Hemant @ Vickky Ishwar Chaudhari, sought bail in a case involving alleged unlawful assembly, intimidation, extortion, and assault under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a group of accused, led by Accused No.1, attacked the informant’s club to prevent testimony in a prior murder case, seizing money and causing property damage. The applicant contended he was falsely implicated, had voluntarily surrendered, and that co‑accused had already been released on bail, seeking parity. The court observed that the charge sheet contained no specific allegation or overt act against the applicant, and noted the likelihood of a protracted trial given the number of accused and witnesses. Considering the lack of direct involvement, the seriousness of the charge against others, and the risk of unnecessary incarceration, the judge exercised discretion to grant bail with conditions.

Issues considered

Whether the applicant is sufficiently implicated to deny bail under the Bharatiya Nyaya Sanhita, 2023.
Whether the seriousness of the offences and risk of absconding justify denial of bail.
Whether the presence of co‑accused already on bail and potential trial delay warrant granting bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 111, 115, 189(2), 191(1), 191(2), 308(2), 310(2), 324(2)

Subjects

bail
unlawful assembly
extortion
intimidation
trial delay
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

2026:BHC-AUG:5302
                                                 1                    954-BA-2492-25.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 2492 OF 2025

                            HEMANT @ VICKKY ISHWAR CHAUDHARI
                                             VERSUS
                                 THE STATE OF MAHARASHTRA
                                                ...
                         Advocate for Applicant : Mr. Abhaysinh K. Bhosle
                           APP for Respondent : Mr. G. O. Wattamwar
                                                ...

                                         CORAM :         SACHIN S. DESHMUKH, J.
                                         DATE        :   06-02-2026
                PER COURT:-

                1.    The applicant seeks bail in connection with Crime No.30 of

                2025 dated 07.02.2025 registered with Jilhapeth Police Station,

                District Jalgaon, for the offences punishable under Sections 111,

                115, 189(2), 191(1), 191(2), 308(2), 310(2), 324(2) of the

                Bharatiya Nyaya Sanhita, 2023.


                2.   The prosecution case is that the informant, Arun, and his

                partner, Brijlal, operate the “Nashirabad Sports Foundation” at

                Chandelkar Plaza, Jalgaon. In the year 2022, Arun registered a

                murder case against accused No. 1, Bhushan, and his associates.

                On 06.02.2025, while the informant and his colleague were at the

                club, accused Nos.1 to 15 formed an unlawful assembly and

                entered the premises armed with sticks. Their primary objective

                was to intimidate the informant into not deposing in the

                aforementioned murder trial. Accused No. 1 allegedly threatened
                                 2                      954-BA-2492-25.odt



the informant’s life, demanded monthly extortion for the club's

operation, and physically assaulted him. When Brijlal intervened,

the accused abused and scuffled with him. Before fleeing, the

group forcibly took Rs.8,000 from the cash counter and caused

property damage valued at Rs.20,000. Consequently, the report is

lodged.


3.    Learned counsel for the applicant submits that the applicant

is falsely implicated in the alleged crime.      There are vague and

general allegations against the applicant. In the said crime, the

applicant has volunatarily surrendered on 13.09.2025 and since

then he is in custody. Also the co-accused are already released on

bail, hence, the applicant seeks parity. Hence, prayed to release

the applicant on bail.

4.    Learned A.P.P. has opposed the application and submitted

that the offence is serious in nature.         Further, expressed the

apprehension that the applicant is likely to abscond if released on

bail. Hence, prayed to reject the application.

5.    Having heard the respective counsel from both the sides and

upon perusal of the material on record, including the charge sheet

indicates that there are no specific allegation or overt act

attributed to the present applicant.     The primary allegations of

threats and extortion are levelled against accused No.1. Moreover,

the co-accused having similar role to that of the applicant are

already released on bail by the trial Court.
                                  3                      954-BA-2492-25.odt



6.     Furthermore, the alleged crime has taken place on account

of some prior murder case and the object of the unlawful assembly

was to deter the informant to depose in the same. However, the

present applicant is neither the accused in the said case nor is

related to the informant in any way.

7.     Nevertheless, the investigation is complete for all intent and

purpose, resultantly, the chargesheet is filed. Having regard to the

number of the accused and the witnesses which the prosecution

proposes to examine, it is very unlikely that the trial can be

commenced and concluded within a reasonable period. As such,

further incarceration, in the circumstances of the case, does not

seem to be either warranted or justifiable. I am, therefore,

persuaded to exercise the discretion in favour of the applicant.

8.     Hence, the following order:-

                                ORDER

(i)    Bail application is allowed.

(ii)   Applicant, Hemant @ Vickky Ishwar Chaudhari, be released

       on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees

       Fifty Thousand only), with one solvent surety of the like

       amount in Crime No.30 of 2025 dated 07.02.2025 registered

       with Jilhapeth Police Station, District Jalgaon, for the offences

       punishable under Sections 111, 115, 189(2), 191(1), 191(2),

       308(2), 310(2), 324(2) of the Bharatiya Nyaya Sanhita,

       2023, on the conditions that;
                                        4                    954-BA-2492-25.odt



      (a)     The   applicant   shall   not   pressurize   the   prosecution

              witnesses and shall not tamper with the prosecution

              evidence, in any manner.

      (b)     The applicant shall attend the trial on each and every

              date unless exempted by the trial Court.

      (c)     The applicant shall submit their Aadhar and Pan Cards to

              the Investigation Officer and detailed addresses and

              phone numbers of applicants and two of the near

              relatives.

      (d)     In case of breach of any of the conditions by the applicant,

              it is open for the Prosecution to move this Court seeking

              cancellation of bail.


(iii)       Needless to state that the observations rendered herein are

            to the extent of this application and the trial court shall not

            be influenced by the same.



                                        [SACHIN S. DESHMUKH]
                                                JUDGE

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