Bombay High Court

VIJAY RAMKRUSHNA GAIKWADversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: SHAILESH P BRAHME

Holding

The court granted bail to the applicant, holding that the discrepancies in evidence do not preclude bail and that appropriate conditions can mitigate any risk.

Summary

Vijay Gaikwad applied for regular bail in a case involving alleged abduction, assault, and robbery of a jeweller, with charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution presented dash‑camera footage and a supplementary police statement implicating the applicant as the main perpetrator, while the defence highlighted discrepancies in the quantity of silver recovered and argued that all co‑accused had been released on bail. The court noted that the discrepancy alone was insufficient to deny bail and that the applicant was willing to comply with stringent conditions. It also considered the applicant’s prior criminal history but found no compelling reason to keep him detained further. Consequently, the bail application was allowed subject to a personal bond and several reporting and surrender conditions.

Issues considered

Whether the discrepancies in the recovered silver and the supplementary police statement constitute a ground to deny bail.
Whether the applicant’s alleged role as the main perpetrator and his prior criminal record justify continued detention.
Whether the bail conditions imposed are sufficient to ensure the applicant’s compliance and prevent tampering with evidence.

Legislation cited

Arms Act — s. 25, 25(1k)(z), 3, 4
Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 138, 140(1), 310(2), 310(4), 311, 351, 61(2)

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
Arms Act
evidence discrepancy
habitual offender
bail conditions

Judgment

2026:BHC-AUG:14985
35 BA 302 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

35 BAIL APPLICATION NO. 302 OF 2026

Vijay s/o Ramkrushna Gaikwad,
Age 38 years, Occ. Labour,
R/o. Plot No. 12, Ram Nagar
Near Abhay College, Tq. & Dist. Dhule. … Applicant

VERSUS

The State of Maharashtra,
Through Police Station Shahada,
District Nandurabar … Respondent

...
Advocate for Applicant : Mr. Satej Jadhav h/f Mr. Deshpande Chaitanya
Chandrakant
APP for Respondents: Mr. S. V. Hange
…

CORAM : SHAILESH P. BRAHME, J.

DATE : 08.04.2026

PER COURT :

Heard both sides.

2. The applicant is seeking regular bail in connection with Crime No.
581/2025 registered with Shahada Police Station, District Nandurbar for the
offences punishable under Sections 310 (2), 310(4), 311, 61(2), 138, 351,
115(2), 140(1) of Bharatiya Nyaya Sanhita, 2023, under Section 3, 4, 25,
25(1k) (z) of the Arms Act.

3. The applicant is alleged to have been involved in abduction, assault
and robbery of gold and silver ornaments and cash from the informant, who
happened to be a jweller and travelling alone in his car from Shahada to
Mhasawad. It is alleged that accused intercepted the car. They were having

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35 BA 302 OF 2026.odt

weapons, gun and revolver. He was taken to remote place through his car,
assaulted and robbed him. He was masked also so as to conceal the location.

4. The applicant is arrested on 22.11.2025. The charge-sheet is filed
against 15 accused persons. It is reported that all of them except present
applicant are released on bail.

5. Learned counsel for the applicant Mr. Satej Jadhav submits that there
is discrepancy in the quantity of the silver, which is subjected to robbery
and the recovery made at the instance of the applicant. It belies prosecution
story. All the co-accused are released on bail, who were having antecedents.
The supplementary statement recorded by the police is after arrest of the
applicant and cannot be said to be independent version. The applicant is
ready to abide by any condition.

6. Learned A.P.P. Mr. Hange would vehemently oppose the submissions.
My attention is adverted to transcript of dash camera installed in the four
wheeler of the informant from which the interaction amongst the accused
and informant was recorded. The conversation clearly shows the
incriminating role played by the applicant, who is the main perpetrator. The
discrepancy in respect of silver, recovered from the applicant is explainable
during the course of trial. The supplementary statement would corroborate
the prosecution theory. The recovery made at the instance of applicant
would connect him with the crime. The applicant is a habitual offender and
is likely to indulge in similar offences in future.

7. First information report refers to 30 k.g. of silver ornaments besides
the articles and cash stolen from the informant. The recovery made on
30.11.2025 refers to 54 k.g. and the recovery which is reflected in the status
report shows 34 k.g. Thus supplementary statement was recorded on
28.11.2025 after six days from the arrest of the applicant. The discrepancy
in the recovery is apparent but that cannot be the sole ground for granting
him bail.
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35 BA 302 OF 2026.odt

8. I have gone through the transcript panchnama. The presence of the
applicant at the relevant time in the car is apparent. The pistol is recovered
at the instance of accused no. 13 Ram.

9. Papers of investigation show that there are various cases lodged
against the applicant. Five cases are still sub judice. In the case of co-
accused, who are released on bail antecedents are reported. There is no
point and purpose in detaining the applicant behind bars any further. I,
therefore, pass following order.

10. The Bail Application is allowed.

11. The applicant Vijay s/o Ramkrushna Gaikwad shall be released on bail
in connection with Crime No. 581/2025 registered with Shahada Police
Station, District Nandurbar for the offences punishable under Sections 310
(2), 310(4), 311, 61(2), 138, 351, 115(2), 140(1) of Bharatiya Nyaya
Sanhita, 2023, under Section 3, 4, 25, 25(1k) (z) of the Arms Act on
following conditions:

(a) The applicant shall furnish P.R. bond of Rs.
75,000/- (Rs. Seventy Five Thousand only) with one or
more solvent surety of like amount.

(b) The applicant shall not tamper with prosecution
evidence or contact with the prosecution witnesses.

(d) The applicant shall report the investigating officer
on every Sunday between 10 a.m. to 2 p.m. till conclusion
of recording of evidence.

(e) The applicant shall surrender his Aadhar card and

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35 BA 302 OF 2026.odt

PAN card.

(f) The applicant shall cooperate for expedite disposal
of the trial.

12. Bail application is disposed of.

( SHAILESH P. BRAHME, J.)

mkd/-

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