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Bombay High Court

RAHUL @ CHANDRASHEKHAR SHIVAJI RAJGURUversusTHE STATE OF MAHARASTRA

Decided
Disposal
Disposed Off

Holding

The court granted bail to the accused on the condition of a Rs 30,000 bond and sureties, subject to standard bail conditions.

Summary

The applicant, Rahul @ Chandrashekhar Shivaji Rajguru, was charged under Sections 395, 457 and 380 read with 34 of the Indian Penal Code for allegedly robbing gold and silver ornaments from a jewellery shop on 8 November 2023. He has been in custody for more than two years with no progress in the trial, while the co‑accused have been arrested earlier and the stolen ornaments have been recovered. The prosecution argued that the applicant has antecedents and could abscond or tamper with witnesses if released on bail. The defence contended that there was no recovery of any ornaments from the applicant and that the prolonged detention without trial warranted bail. The court, after hearing both sides, granted regular bail on a bond of Rs 30,000 with one or two sureties, imposing conditions not to tamper with evidence or influence witnesses, and ordered his attendance at the police station as required.

Issues considered

  • Whether bail should be granted to the accused despite the seriousness of the offences and his antecedents
  • Whether the delay of over two years in trial warrants bail
  • Whether the risk of tampering with evidence or influencing witnesses justifies denial of bail

Legislation cited

Subjects

  • bail
  • robbery
  • Indian Penal Code
  • delay in trial
  • surety
  • criminal procedure

Judgment

                                                                                     4-BA-4671-2025 (CR).doc


                             S.S.Kilaje


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                                 BAIL APPLICATION NO. 4671 OF 2025

                             Rahul @ Chandrashekhar Shivaji Rajguru                    ….Applicant

                             VERSUS

                             The State Of Maharashtra                                  …..Respondent

          Digitally signed
          by SONALI
                             _________________________________________________________________
SONALI SATISH
       KILAJE
SATISH Date:
KILAJE 2026.02.04
       10:50:22
          +0700
                             Mr. Aniket Nikam i/b. Mr. Sumit Patil, Advocate for the Applicant.
                             Smt. Ranjana D. Humane, APP for the Respondent-State.
                             API – Sunil Badgujar, Manchor Police Station present.
                             _________________________________________________________________

                                                                   CORAM       :   SHIVKUMAR DIGE, J.
                                                                   DATE        :   2nd FEBRUARY, 2026.
                             P.C. :



                             1.            By this application, the Applicant is seeking regular bail in

                             C.R.No. 663 of 2023 registered with Manchar Police Station, Pune, for the

                             offences punishable under Sections 395, 457, 380 r/w. 34 of Indian Penal

                             Code, 1860 (for short “IPC”).

                             2.            It is prosecution’s case that on 08.11.2023, around 3.15 am, the

                             applicant and co-accused robbed gold and silver ornaments from jewellery

                             shop of the first informant.

                             3.            It is contention of learned counsel for the applicant that the

                             applicant is behind bars for more than two years. There is no progress in


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S.S.Kilaje


the trial. The co-accused were arrested by the police on the terrace of one

building but the applicant was arrested later on. There is no recovery at

the instance of the applicant and requested to allow the application.

4.           It is contention of learned APP that the applicant and co-

accused robbed gold ornaments from the jewellery shop of the first

informant. The said ornaments are recovered.                The applicant has

antecedents. 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 police have arrested co-accused

from the terrace of one building.      It is alleged that the applicant was

arrested later on. There is no recovery at the instance of the applicant.

The applicant is behind bars for more than two years and two months.

There is no progress in the trial. Considering these facts, I pass following

order.

                                      ORDER

                i.    The applicant be enlarged on bail in C.R.No. 663 of

                      2023 registered with Manchar 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


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S.S.Kilaje


                        as and when required.

                 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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