AJAY ALIAS AJJU YUVRAJ KASBEversusTHE STATE OF MAHARASHTRA

                                                                             7. BA 3760-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                         BAIL APPLICATION NO. 3760 OF 2026

                      Ajay alias Ajju Yuvraj Kasbe                      .Applicant

                                   Vs.

                      The State of Maharashtra                          .Respondent

                      Mr. Akshay Bankapur, Advocate, for the Applicant
ANAND
                      Mr. S. G. Talhar, APP, for the Respondent – State
SUDHAKAR              Mr. Mahesh Bhosale, PSI, Yerwada Police Station, Pune present
SUDAME
Digitally signed by
ANAND SUDHAKAR                            CORAM : MILIND N. JADHAV, J.
SUDAME
Date: 2026.10.07
20:38:25 +0530
                                          DATE       : 07.10.2026
                      P. C.

                      1.      Heard Mr. Bankapur, learned Counsel for the Applicant and Ms.

                      Talhar, learned APP for the Respondent – State.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 436 of 2025 registered with Yerwada Police Station, Pune for

                      offences punishable under Sections 118(2), 3(5), 189(2)(4)(6), 191(2)

                      (3) & 190 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”),

                      under Section 4(25) of the Arms Act, under Section 3(7) of the

                      Criminal Law Amendment Act & under Sections 3(1)(ii), 3(2) & 3(4)

                      of the MCOCA Act.



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3.      The Applicant is indicted in an offence initially for causing

grievous hurt and thereafter, provisions of the MCOCA Act have been

invoked. Prima facie, it is seen that the incident having occurred on

27.06.2025 was reported on 28.06.2025, where the Applicant has not

been named. The Applicant was arrested on 29.06.2025 without any

basis. Pursuant to the arrest of the Applicant, four statements of

independent eye witnesses have been recorded, who have stated in

their statements that Applicant was present at the scene of crime.

However, these statements have been recorded subsequently i. e. on

30.06.2025, 03.07.2025 & 04.07.2025 respectively. Prima facie, on the

basis of the aforesaid, the arrest of the Applicant is merely on the basis

of association and there is no material produced by the prosecution to

show the presence of the Applicant on the scene of crime.

4.      Learned APP has argued that the Applicant has six antecedents

and therefore, the Applicant is associated with the gang. However,

insofar as incident in question is concerned, there is no material and

merely on the basis of association of the Applicant, the Applicant has

been arrested which is prima facie seen by the Court.

5.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicant is allowed subject to the following terms

and conditions:-


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        (i)   Applicant – Ajay alias Ajju Yuvraj Kasbe is directed to be

              immediately released from prison in connection with

              CR. No. 436 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 of the like amount;


        (iii) Applicant shall report to the Investigating Officer at

              Yerwada Police Station, Pune, once every month, on the

              first Monday of the month between 10:00 a.m. to 12:00

              p.m. until commencement of trial and thereafter shall

              attend all dates of hearing before the Trial Court;


        (iv) Applicant shall co-operate with the conduct of the trial

              and remain present before the Trial Court on all dates,

              unless specifically exempted. Applicant shall not seek

              unnecessary adjournments. Any such conduct shall

              entitle the prosecution to apply for cancellation of bail;


        (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;

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           (vii) Applicant shall keep the Investigating Officer informed

                 of his current residential address and mobile telephone

                 number and shall forthwith inform the Investigating

                 Officer of any change in his residential address or

                 mobile telephone number, as and when such change

                 occurs; and


           (viii)Any breach or infraction of any of the aforesaid

                 conditions shall entail cancellation of the bail granted to

                 the Applicant.


6.      It is clarified that the observations made in this order are limited

for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made herein

above in this order.


7.      Bail Application is allowed and disposed in the above terms.




                                                  (MILIND N. JADHAV, J.)




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