Bombay High Court
VAIBHAV NARAYAN AVCHARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The applicant is entitled to bail on the principle of parity with co‑accused and due to the inordinate delay in trial, subject to a personal bond and sureties.
Summary
The applicant, Vaibhav Narayan Avchar, was charged under IPC Sections 302, 323 read with 34 for a murder that occurred on 5 November 2023. He had been in custody for over two years and three months with no significant progress in the trial, while co‑accused facing similar charges had been released on bail. The applicant’s counsel argued for bail on the basis of parity and the inordinate delay, whereas the State contended that he might abscond or tamper with evidence. The Court examined the charge sheet, the bail status of co‑accused, and the delay, and concluded that the applicant was entitled to bail. Accordingly, bail was granted on a personal bond of Rs. 30,000 with one or two sureties, subject to conditions not to tamper with evidence or influence witnesses. The order emphasized that the trial court would decide the case on its merits.
Issues considered
- Whether bail should be granted to an accused of murder (IPC 302) given the seriousness of the offence and alleged risk of absconding or tampering with evidence.
- Whether the inordinate delay in trial and the fact that co‑accused have been released on bail create a right to parity and justify bail.
Legislation cited
- Indian Penal Code, 1860 — s. 302, 323, 34
Subjects
- bail
- murder
- IPC 302
- parity
- trial delay
- surety
- Criminal Procedure
Judgment
66-BA-4524-2025 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 4524 OF 2025
Vaibhav Narayan Avchar … Applicant
Versus
The State of Maharashtra … Respondent
_________________________________________________________________
Mr. Aniket Nikam a/w. Mr. Dushyant Digamber and L. Suchak i/b.
Digitally signed
by SONALI
SONALI SATISH
KILAJE
SATISH Date:
Abhilasha Pawar, Advocates for the Applicant.
KILAJE 2026.01.31
17:04:51
+0700
Ms. Dhanalakshmi S. Krishna Iyer, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th JANUARY, 2026.
P.C. :
1. By this application, the Applicant is seeking regular bail in
C.R.No. 568 of 2023 registered with Talegaon Dabhade Police Station,
Pune, for the offences punishable under Sections 302, 323 r/w. 34 of
Indian Penal Code, 1860 (for short “IPC”).
2. It is prosecution’s case that on 05.11.2023, around 8:00 p.m.,
when the first informant and his friend were going to see a movie, at that
time, the applicant and co-accused assaulted them with fist and kick blows.
It is alleged that applicant stabbed in the chest of the deceased with knife.
Due to stab injury, the deceased died.
3. It is contention of learned counsel for the applicant that co-
accused having similar allegations have been released on bail. The
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66-BA-4524-2025 (CR).doc
S.S.Kilaje
incident occurred suddenly. The applicant is behind bars for more than two
years and three months. There is no progress in the trial and requested to
allow the application.
4. It is contention of learned APP that role attributed to the
applicant and other co-accused are on different footings. The knife used in
the crime is recovered at the instance of the applicant. If the applicant
released on bail, he may abscond or threaten prosecution witnesses.
Hence, requested to reject the application.
5. I have heard both the learned counsel. Perused chargesheet
and documents produced on record. The co-accused having similar
allegations have been released on bail. Hence, applicant is entitled for bail
on the principle of parity. The applicant is behind bars for more than two
years and three months. There is no progress in the trial. Considering
these facts, I pass following order.
ORDER
i. The applicant be enlarged on bail inC.R.No. 568 of
2023 registered with Talegaon Dabhade Police Station,
Pune, on executing P.R.Bond of Rs. 30,000/- on
furnishing one or two sureties in the like amount.
ii. The applicant shall attend the concerned police station
as and when required.
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66-BA-4524-2025 (CR).doc
S.S.Kilaje
iii. The applicant shall not tamper with the evidence or
attempt to influence or contact the complainant,
witnesses or any person concerned with the case.
6. The application is allowed in the aforesaid terms and is
accordingly disposed of. All pending applications, if any, disposed of.
7. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
8. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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