Bombay High Court

VIVEK @ VIKI VIJAY HANDOREversusTHE STATE OF MAHARASHTRA

Decided: 17 February 2026
Disposal: Disposed Off
Bench: N R BORKAR

Holding

Bail was granted because the cross‑FIR and the applicant’s injury mitigated the seriousness of the charges, allowing release on condition.

Summary

The applicant, Vivek Handore, was arrested in connection with a June 2024 incident involving assault with a sharp weapon and a revolver, alleged to be an attempt to murder under IPC sections 307, 323, 504, 506 read with 34 and Arms Act sections 3 with 25 and 4 with 27. The prosecution argued that the seriousness of the offences and the applicant’s involvement in six other crimes warranted denial of bail. The defence highlighted a cross‑FIR, the applicant’s own injury, and that co‑accused had been released on bail while the trial was still at the charge‑framing stage. The judge noted the existence of the cross‑FIR and the applicant’s injury, and, despite the gravity of the charges, decided to grant bail with conditions. The bail was ordered on a personal bond of Rs.25,000 with sureties, restricting the applicant’s movement outside Nashik district and requiring him to furnish his residence address and contact details.

Issues considered

Whether bail can be granted in a case involving attempt to murder and multiple serious offences under the IPC and Arms Act
Impact of a cross‑FIR and the applicant’s injury on the bail decision
Whether the stage of trial (charge framing) influences bail eligibility

Legislation cited

Arms Act — s. 3 read with 25, 4 read with 27
Indian Penal Code, 1860 — s. 307, 323, 34, 504, 506

Subjects

bail
attempt to murder
IPC
Arms Act
cross FIR
criminal procedure

Judgment

                                                             6-ba-4905-25.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                BAIL APPLICATION NO. 4905 OF 2025

Vivek @ Viki Vijay Handore                          …Applicant
     V/s.
The State of Maharashtra                            ...Respondent.
                              …………..
Mr. Akshay Bankapur for the Applicant.
Mr. S.R. Agarkar, APP for the Respondent/State.
API Suyog Waykar, Upnagar Police Station, Nashik city is present.
                              …………..
                            CORAM :        N.R. BORKAR, J.
                            DATE      :    17.02.2026.
P.C. :

1.       Mentioned out of turn.

2.       This is an application for regular bail.

3.       The applicant came to be arrested in Crime No. 221 of 2024
registered at Upanagar Police Station, Nashik for the offences
punishable under Sections 307, 323, 504, 506 read with 34 of the
Indian Penal Code and Sections 3 read with 25 and 4 read with 27
of the Arms Act.

4.       It is the case of the prosecution that on the date of incident
which took place on 29th June 2024, on account of previous
enmity, the present applicant and other co-accused assaulted the
first informant and his friends with a sharp weapon and a revolver
and attempted to commit their murder. It is alleged that the
present applicant, who at the time of incident, was armed with the
revolver fired at one of the injured namely Akash Pawar, due to
which he sustained injury on his thigh.

Dinesh S. Sherla                        1/3
                                                             6-ba-4905-25.doc


5.        I have heard the learned counsel for the applicant and the
learned APP for the respondent – State.


6.       Learned counsel for the applicant submits that there is a
cross FIR in relation to the alleged incident. It is submitted that the
applicant is in jail for about one and half years and the trial is still
at the stage of framing of charge. It is submitted that all other co-
accused are released on bail.


7.       On the other hand, learned APP for the respondent/State
submits that the applicant is involved in serious crime of attempt
to murder. It is submitted that the applicant is involved in six more
crimes. It is submitted that considering the nature of crime, the
applicant may not be released on bail.


8.       The fact that there is a cross-FIR in relation to the alleged
incident is not disputed. It appears that the applicant was also
injured in the alleged incident. Considering these facts, I am
inclined to release the applicant on bail on certain conditions. In
the result, the following order is passed.
                                    ORDER

           A]      The Application is allowed.


           B]      The applicant be released on bail in C.R. No. 221 of
           2024 registered at Upanagar Police Station, Nashik for the
           offences punishable under Sections 307, 323, 504, 506 read
           with 34 of the Indian Penal Code and Sections 3 read with


Dinesh S. Sherla                           2/3
                                                                6-ba-4905-25.doc


           25 and 4 read with 27 of the Arms Act on furnishing P.R.
           Bond in the sum of Rs.25,000/- (Rupees Twenty Five
           Thousand) with one or two sureties in the like amount.


           C]      The applicant shall not enter into the limits of Nashik
           District except to attend the dates before the trial Court till
           conclusion of the trial.



           D]      The applicant shall provide the address of the place
           where he is going to reside after his release and his contact
           number to the concerned Police Station.


                                                  [N.R.BORKAR, J.]




Dinesh S. Sherla                          3/3

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