Bombay High Court

MAHESH ALIAS OM KANTILAL CHAUDHARIversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

The court granted bail to the applicant, holding that mere presence without active participation does not warrant denial of bail.

Summary

Mahesh @ Om Kantilal Chaudhari was arrested on 30 November 2025 in connection with a murder‑related case (Cr. No. 673/2025) and a charge sheet was filed on 27 February 2026 alleging offences under several sections of the Bhartiya Nyaya Sanhita, 2023. The applicant contended that there was no material against him and that he was merely present when the main perpetrator, Sunny Bharat Padvi, stabbed the victim, Pavan Chitte, who later died. The prosecution argued that the applicant accompanied the main perpetrator and, under Section 190 of the B.N.S., could be held liable for the overt act. The court examined the FIR and statements, noting that the only allegation against the applicant was his presence and alleged fist blows, with no evidence of active participation in the fatal assault. Considering the applicant’s lack of criminal antecedents and the principle that mere presence without participation should not preclude bail, the court ordered that bail be granted on condition of a cash bond and surety, along with standard bail conditions.

Issues considered

Whether the applicant’s alleged presence and alleged participation under Section 190 of the Bhartiya Nyaya Sanhita justify denial of bail.
Whether mere presence with the principal offender constitutes sufficient ground for continued detention.
Whether the applicant is entitled to bail despite the serious nature of the offences charged.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 189(2), 189(4), 190, 191(3), 351(2), 351(3), 352

Subjects

bail
criminal procedure
co‑accused liability
Section 190
Bhartiya Nyaya Sanhita
presence
murder
assault
bail conditions

Judgment

2026:BHC-AUG:15555




                                               1                           47 ba 576.26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             BAIL APPLICATION NO. 576 OF 2026

                        Mahesh @ Om Kantilal Chaudhari,
                        Age : 26 Years, Occu. : Labour work,
                        R/o Megh Nagar, Back Side of SBI,
                        Nandurbar                                 .. Applicant

                             Versus

                        The State of Maharashtra                  ..   Respondent

                 Shri Mohit S. Shah, Advocate for the Applicant.
                 Shri N. R. Dayma, A.P.P. for the Respondent – State.

                                   CORAM : SHAILESH P. BRAHME, J.
                                    DATE : 10TH APRIL, 2026.

                 ORDER :


                 .      Heard both sides. Applicant is seeking enlargement on bail
                 in respect of offence bearing Cr. No. 673/2025 registered with
                 Nandurbar Police Station      for the offences punishable U/Sec.
                 103(1), 109, 189(2), 189(4), 190, 191(3), 115(2), 352, 351(2), 351(3)
                 of the Bhartiya Nyaya Sanhita, 2023.


                 2.     The applicant is arrested on 30.11.2025. The charge sheet
                 is filed on 27.02.2026.    In this backdrop learned counsel Mr.
                 Mohit Shah for the applicant submits that there is absolutely no
                 material against his client. He is alleged to have been present at
                 the relevant time. The main perpetrator from the record appears
                 to be Sunny Bharat Padvi, who assaulted Pavan Chitte by knife
                              2                          47 ba 576.26

on his stomach, who succumbed to the injuries. There are no
antecedents against his client.     The investigation is over and
further detention is unwarranted.


3.    Learned A. P. P. submits that applicant was accompanying
main perpetrators.     Sunny Padvi had inflicted blow by knife,
which shows that he had come prepared. By implication of Sec.
190 of the B. N. S. the overt act done by co-accused can be
attributed to the applicant also.


4.    I have gone through first information report and the
statements recorded during investigation.         Only allegation
against applicant is that he was accompanying main perpetrator
Sunny Bharat Padvi and he is alleged to have assaulted by fist
and blows. The allegations of assault at the instance of the
applicant are omnibus. He has no role to play for causing death
of Pavan. Main perpetrators are behind the bars.


5.    The charge sheet is filed U/Sec. 190 of the B. N. S. S. also.
But the allegations leveled against the accused and his role is
significant. Merely presence of the applicant at the relevant time
without there being any active participation in the assault would
not be a factor to deny him bail. It would be matter of trial to
examine as to the criminal liability of the applicant.


6.    Applicant is behind the bars from 30.11.2025. There are no
criminal antecedents against him. It is desirable to enlarge him
                                 3                        47 ba 576.26

on bail. I, therefore, pass following order.


                               ORDER

A.       The bail application is allowed.


B.       Applicant – Mahesh @ Om Kantilal Chaudhari shall be
released on bail in respect of Cr. No. 673/2025 registered with
Nandurbar Police Station         for the offences punishable U/Sec.
103(1), 109, 189(2), 189(4), 190, 191(3), 115(2), 352, 351(2), 351(3)
of the Bhartiya Nyaya Sanhita, 2023 on condition of furnishing
P. R. bond and S. B. of Rs. 30,000/- (Rs. Thirty thousands only)
with one solvent surety of like amount.


C.       The applicant shall not tamper with prosecution evidence
or contact with the prosecution witnesses.


D.       The applicant shall cooperate in expeditious disposal of
trial.


E.       The applicant shall surrender his Aadhar and Pan cards to
the investigating officer.


F.       The applicant shall visit the investigating officer as and
when called upon.


G.       Bail application is disposed of.



                                 [ SHAILESH P. BRAHME J. ]
bsb/April 26

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