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Bombay High Court

ROHIT BABUNATH CHAURASIAversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant on the terms and conditions specified by the court.

Summary

The applicant, Rohit Babunath Chaurasia, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for alleged involvement in a jewellery shop robbery where he was the driver of the getaway car. He was charged under Sections 311, 309(6) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3 and 25 of the Arms Act, 1955. The prosecution argued that the applicant had full knowledge of the crime and assisted the other accused in fleeing, but the court found no direct evidence linking him to the offense beyond co-accused statements. Considering the lack of identification evidence and the fact that the other two accused had already been granted bail, the court decided to grant bail on parity. The bail was ordered with a personal bond of Rs. 25,000, sureties, and several conditions including regular reporting, non‑interference with witnesses, and staying within Maharashtra.

Issues considered

  • What is the applicability of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail to the accused?
  • Does the absence of direct evidence against the applicant preclude denial of bail?
  • Should the applicant be granted bail on parity with co‑accused who have already been released?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • theft
  • arms possession
  • Indian criminal law
  • parity principle

Judgment

                                                                           32. BA-3338-26.odt


Amberkar

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO. 3338 OF 2026

           Rohit Babunath Chaurasia                                  .. Applicant
                      Versus
           State of Maharashtra                                      .. Respondent
                                     ....................
            Mr. M.N. Sandhyanshiv a/w Mr. Hamid Ansari, Mr. Shrunkhal
             Pashte & Mr. Vikas B. Mourya i/by Mr. Jayesh Wani, Advocates for
             Applicant
            Ms. Anuja S. Gotad, APP for State
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 23, 2026
           P. C.:

           1.       Heard Mr. Sandhyanshiv, learned Advocate for Applicant and

           Ms. Gotad, learned APP for State.


           2.       This is an Application under Section 483 of Bharatiya Nagarik

           Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 469

           of 2025 registered by NRI Sagari Police Station, Navi Mumbai for the

           offences punishable under Section 311, 309(6) and 3(5) of Bhartiya

           Nyaya Sanhita, 2023 (for short "BNS") and under Sections 3 and 25 of

           the Arms Act, 1955.


           3.       Applicant is seeking bail with regard to a heist committed by the

           four accused persons in a jewellery shop in Navi Mumbai. The

           Applicant is arraigned as accused No. 4 and he was the driver of the



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car in which the other three accused persons after committing the

offense made an escape.


4.    It is seen that the other three co-accused persons entered the

shop in a burqa. The role of the present Applicant is prime facie

different than the other three co-accused persons as attributed to him

by the prosecution.


5.    Learned APP would, however, persuade me to consider the fact

that the Applicant had absolute knowledge of the commission of the

crime and he having aided and assisted the other three co-accused

persons in fleeing from the scene of crime in his own car should be

held against him and he should not be enlarged on bail.


6. I have considered the submissions made by learned APP. However, it

is prime facie seen that insofar as any direct evidence is concerned of

implicating the precise role of the Applicant as alleged by the

prosecution, it is none. No TIP has been held for identification of the

Applicant before me. The implication of the Applicant is on the basis

of the statement of the other co-accused persons.


7.    Applicant has been arrested on 18.02.2026, which is almost 2

months after the date of the incident. Considering the role of the

other co-accused persons i.e. accused Nos. 1 and 2 who have already

been enlarged on bail, the Applicant has made out a case for allowing


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the present Applicant on parity. Hence, Applicant is released on bail

on the following terms and conditions:-


         (i)   Applicant is directed to be immediately released on bail

               from prison in connection with C.R. No. 469 of 2025;

         (ii) Applicant is directed to be released on bail on

               furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five

               Thousand only) with one or two sureties in the like

               amount;

         (iii) Applicant shall report to the Investigating Officer at NRI

               Sagari 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

               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


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                                         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.

           8.      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.


           9.      Bail Application is allowed and disposed of in the above terms.



Amberkar                                                        [ MILIND N. JADHAV, J. ]

                      Digitally signed
                      by RAVINDRA
            RAVINDRA MOHAN
            MOHAN    AMBERKAR
            AMBERKAR Date:
                      2026.09.23
                      19:37:50 +0530




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