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
- Arms Act, 1955 — s. 25, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bhartiya Nyaya Sanhita, 2023 — s. 309(6), 311, 3(5)
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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