Bombay High Court
ANIKET VIJAY CHAVANversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail was granted to the applicant with specified conditions.
Summary
Aniket Vijay Chavan was charged under Sections 309(4) and 3(5) of the BNS, 2023 for allegedly snatching a mini ganthan on 5 May 2025, with the FIR lodged seven days later. The applicant, in custody for 13 months, claimed false implication, lack of identification, and no recovery of the stolen item, and cited a prior bail order in another case where MCOCA provisions were invoked. The State argued that the applicant was involved in multiple chain‑snatching offences and that the stringent provisions of the MCOC Act justified denial of bail. The Court noted that the FIR named unknown persons, no identification of the applicant was made, and the applicant had already been granted bail in a related matter. Consequently, the Court granted bail in the present case subject to strict conditions, including a personal bond, sureties, monthly police reporting, and restrictions on travel and further offences.
Issues considered
- Whether bail should be granted to an accused charged under Sections 309(4) and 3(5) of the BNS, 2023 in a chain‑snatching case where the FIR was lodged belatedly and the accused was previously granted bail in a related matter.
- Whether the invocation of the MCOC Act against the accused precludes the grant of bail.
Legislation cited
Subjects
- bail
- chain snatching
- false implication
- belated FIR
- MCOCA
- conditions of bail
- criminal procedure
Judgment
6-BA-3021-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3021 OF 2026
Aniket Vijay Chavan … Applicant
Versus
State of Maharashtra … Respondent
******
Mr. Sushant J. Tayade (through VC), a/w Mr. Sujit Padvi, Mr. Akshay Ade,
SWEETY
Ms. Pallavi Valvi, i/b Sushant J. Tayade and Associates for Applicant.
RAJU
BHALERAO
Ms. Sharmila Kaushik, APP for Respondent/State.
Digitally signed
by SWEETY
RAJU
BHALERAO
******
Date: 2026.09.24
17:52:33 +0530
CORAM : SHREERAM V. SHIRSAT, J.
DATE : 24th SEPTEMBER 2026.
PC:
1. Heard the learned counsel for the applicant - Mr. Sushant Tayade and
Ms. Sharmila Kaushik, learned APP.
2. This is an application for bail. The applicant has been arrayed as an
accused in C.R. No. 456 of 2025 under Sections 309(4) and 3(5) of the BNS,
2023.
3. The case of the prosecution is that on 5 th May 2025 at about 21:20
hours, the complainant, Ms. Vaishali Harpale, along with her friend Ms.
Manisha Shewale were strolling, when suddenly two unknown persons came
on a motorcycle and snatched her mini ganthan (mangalsutra) and by
pushing her, they ran away. Thereafter, FIR came to be registered on 12 th
May 2025 against two unknown persons under Section 309(4) and 3(5) of
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6-BA-3021-2026.docx
the BNS, 2023.
4. The learned counsel for the applicant submitted that the applicant is
in custody for the last 13 months. He submitted that he has been falsely
implicated in the present case and is taken into custody from another
offence of the same police station. He further submitted that there is no
explanation given for belatedly lodging the FIR, which is after a period of
seven days. It is further submitted that there is no recovery at the instance of
the present applicant. The learned counsel for the applicant has also invited
the attention of this Court to the order passed by this Court in Criminal Bail
Application No. 1442 of 2026, wherein the applicant was released on bail by
this Court in C.R. No. 511 of 2025, in which case the provisions of MCOCA
have been invoked.
5. Per contra, the learned APP submitted that the bail application be
rejected as the applicant is involved in several offences of chain snatching
and that stringent provisions of MCOC Act has also been invoked against the
present applicant. It is further submitted that if the applicant is released on
bail, he may indulge in similar offences and therefore, at this stage, the
applicant may not be released on bail.
6. I have considered the rival submissions. The FIR in the present case
was registered against unknown persons. The complainant had given the
description of the persons who had snatched the mini ganthan, however, no
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6-BA-3021-2026.docx
test identification was conducted to establish the identity of the present
applicant. There is no recovery made at the instance of the applicant. The
charge-sheet has been filed in this case and the applicant is in custody for
the last 13 months. The applicant has also been released on bail in C.R. No.
511 of 2025, in which case provisions of MCOC have been invoked. Taking
into consideration the facts of the present case, the applicant is enlarged on
bail on the following terms and conditions:
ORDER
(i) The applicant be released on bail in C.R. No. 456
of 2025 registered with Hadapsar Police Station on
furnishing PR bond of Rs. 25,000/- with one or two solvent
sureties in the like amount.
(ii) The applicant shall attend the concerned police
station once a month initially for a period of six months
and thereafter as and when called.
(iii) The applicant shall not tamper with evidence
and/or influence the prosecution witnesses.
(iv) The applicant shall not commit any other offence
while on bail. In case any offence is committed by the
applicant, the prosecution will be at liberty to move an
application for cancellation of bail.
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6-BA-3021-2026.docx
(v) The applicant shall deposit his passport, if any,
with the Trial Court.
(vi) The applicant shall not leave the State of
Maharashtra without the permission of the concerned
Court.
(vi) It is clarified that the observations made in this
order are only for the purpose of entitlement of grant of
bail to the applicant and the Trial Court shall proceed
further with the matter without being influenced by the
observations made in the present order.
7. The application is allowed in the aforesaid terms.
8. The application is disposed of.
(SHREERAM V. SHIRSAT, J.)
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