Vijay Bhaskar Khandare Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Vijay Bhaskar Khandare Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: applicant to be released in connection with Crime No.0012 of 2025 registered with Loha Police Station, District Nanded, on executing Personal Bond of Rs.15,000/- with one surety in the like amount, subject to conditions [a] not tampering prosecution evidence, [b] not leaving the area of jurisdiction of the concerned police station till conclusion of trial, and [c] regularly attending each and every effective date before the trial court.

Issue for consideration

Whether applicant Vijay Bhaskar Khandare, arrested in Crime No.0012 of 2025 registered at Loha Police Station, District Nanded for offences punishable under sections 3/25 and 7/25 of the Arms Act, should be released on regular bail.

Court's answer

Since the seizure is already effected and the charge sheet has been filed, no purpose would be served by further detention of the applicant as there are no immediate prospects of the matter going for trial.

Ratio / Principle

Applicant Vijay Bhaskar Khandare is to be released on bail in connection with Crime No.0012 of 2025 registered with Loha Police Station, District Nanded, on executing a Personal Bond of Rs.15,000/- with one surety in the like amount, on conditions that he shall not tamper prosecution evidence, shall not leave the area of jurisdiction of the concerned police station till conclusion of trial, and shall regularly attend each and every effective date before the trial court.

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Abhay S. Waghwase, J., by order dated 18 March 2025 in Bail Application No. 352 of 2025, allowed regular bail to Vijay Bhaskar Khandare (age 23, labourer), arrested on 10.01.2025 in Crime No.0012 of 2025 of Loha Police Station, District Nanded, for offences under sections 3/25 and 7/25 of the Arms Act. The FIR originated from a Police Officer's report dated 09.01.2025: acting on secret information, a trap caught absconding accused Alam Gabaru Shaikh on Loha Palam Road around 21:30 hours in the company of the applicant; on searching Shaikh, one pistol, one magazine and one live cartridge were found in his possession, and the accompanying person gave his name as Vijay Bhaskar Kandhare. Counsel for the applicant contended there was only an allegation of purchase of the pistol, no allegation of use of arms, recovery was already effected, and the charge sheet had been filed in March. The Court held that, with seizure already effected and the charge sheet filed, and no immediate prospects of the matter going for trial, no purpose would be served by further detention, and released the applicant on a Personal Bond of Rs.15,000/- with one surety in the like amount, subject to conditions: not tampering with prosecution evidence, not leaving the jurisdiction of the concerned police station till conclusion of trial, and regular attendance before the trial court.

BA.352.2025

2025:BHC-AUG:7906

-1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

BAIL APPLICATION NO. 352 OF 2025

Vijay Bhaskar Khandare,

Age : 23 years, Occu. : Labour, R/o. Samga, Tq. & Dist. Hingoli. … Applicant

Versus

The State of Maharashtra, Through Officer In charge, Police Station Loha, Dist. Nanded.

The Superintendent of Police, Nanded, Dist. Nanded. … Respondents.

Mr. S. E. Shekade, Advocate for Applicant. Mr. C. V. Bhadane, APP for Respondents - State.

CORAM : ABHAY S. WAGHWASE, J. DATED : 18^th MARCH 2025

ORDER :

Applicant seeks regular bail on account of his arrest in

Crime No.0012 of 2025 registered at Loha Police Station, District Nanded for the offences punishable under sections 3/25 and 7/25 of the Arms Act.

Learned counsel for applicant submitted that, applicant is

arrested in above crime on 10.01.2025. That, he was merely in the company of another accused. That, there are allegation that present

BA.352.2025

-2-

applicant allegedly purchased pistol. Except such allegation, there are no other allegations. That, there is no allegation of use of arms. That, recovery is already effected. That, charge sheet is filed in March itself and therefore when nothing further is shown to be recovered or discovered, learned counsel seeks grant of bail on any condition imposed by this court.

Learned APP opposed on the ground that unauthorized

arms were found in his possession and he expresses apprehension of misuse of the liberty.

After hearing both sides and on going through the report dated 09.01.2025, it is emerging that, FIR is at the instance of one Police Officer. He has reported that, on 09.01.2025, they were conducting search of one Alam Gabaru Shaikh i.e. absconding accused on information received from Police Station Nanded Gramin. He claimed to have received secret information and therefore trap was led. At that time, around 21:30 hours Alam Gabaru Shaikh was found in the company of one man at Loha Palam Road. When accused alam Gabaru Shaikh was searched, one pistol, one Magzine with one live cartridge were found in his possession. The person accompanying him gave his name as Vijay Bhaskar Kandhare i.e. present applicant. On above report crime was registered.

BA.352.2025

-3-

Considering the above submissions, contents of FIR and

when seizure is already effected and further when charge sheet is reported to be filed, no purpose would be served by further detention as there are no immediate prospects of matter going for trial. Hence, the following order is passed :-

ORDER

I. The application is allowed.

II. Applicant Vijay Bhaskar Khandare be released on bail in connection with Crime No.0012 of 2025 registered with Loha Police Station, District Nanded, on executing Personal Bond of Rs.15,000/with one surety in the like amount, on the following conditions:

[a] The applicant shall not tamper prosecution evidence.

[b] The applicant shall not leave the area of jurisdiction of the concerned police station till conclusion of trial.

[c] The applicant shall regularly attend each and every effective date before the trial court.

(ABHAY S. WAGHWASE, J.)

Tandale