VRJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1343 OF 2025 Ganpat Kalu Gaikwad … Applicant ATUL GANESH V/s.

KULKARNI D AT ig U it L a l G ly A s N ig E n S e H d by The State of Maharashtra … Respondent KULKARNI Date: 2025.08.05 10:48:40 +0530 WITH INTERIM APPLICATION NO.1670 OF 2025 IN BAIL APPLICATION NO.1343 OF 2025 Mahesh Dashrath Gaikwad … Applicant In the matter between Ganpat Kalu Gaikwad … Applicant V/s.

The State of Maharashtra … Respondent Mr. Kevic Setalvad, Senior Advocate i/by Mr. Rahul Arote for the applicant in BA.

Mr. Abhishek Kulkarni with Mr. Sagar Wakale for the applicant-intervenor in IA.

Mr. Ashish Chavan, Special P.P. with Mr. Mayur Mohite and Mrs. Megha S. Bajoria, APP for the respondent-

State.

CORAM : AMIT BORKAR, J. DATED : AUGUST 5, 2025 P.C.:

1. This is an application for regular bail filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) by the applicant Ganpat Kalu Gaikwad. The applicant is seeking his release on bail in connection with Crime Register No. 171 of 2024, registered with Hill Line Police Station, Ulhasnagar, for offences punishable under Sections 307, 120(B), 143, 147, 148, 149, 109, 323, 504 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and Section 30 of the Arms Act.

2. The applicant, Ganpat Kalu Gaikwad, is stated to be a former Member of the Maharashtra Legislative Assembly, representing the Kalyan (East) Constituency. The injured person, Mahesh Gaikwad, is a former Corporator of the Kalyan Dombivli Municipal Corporation and also holds a position as Kalyan East City Head of a political party. It is not disputed that the applicant and the injured belong to rival political parties, and there has been previous political rivalry and friction between them. On 31st January 2024 and 1st February 2024, certain altercations are alleged to have taken place between the applicant and Mahesh Gaikwad.

3. As per the case of the prosecution, on 2nd February 2024, members of both political groups gathered at the Hill Line Police Station, demanding registration of criminal cases against each other. At around 9.30 p.m., while Mahesh Gaikwad, along with Rahul Patil and Chainu Jadhav (the first informant), was sitting in the cabin of the Senior Police Inspector (Sr. PI), the applicant Ganpat Gaikwad and his associate Vicky Ganatra entered the same cabin. Thereafter, a commotion ensued as members of both factions began arguing. The Sr. PI, Mr. Anil Jagtap, along with other police officers, was trying to pacify the situation. As the commotion intensified, Sr. PI Jagtap stepped out of the cabin to manage the situation outside.

4. The prosecution has further alleged that, at this point, while Mahesh Gaikwad and others were seated in the Sr. PI’s cabin, the applicant Ganpat Gaikwad suddenly took out a revolver concealed in his waist and opened fire with an intent to kill Mahesh Gaikwad and Rahul Patil. In the course of firing, he also aimed towards the informant. Several bullets struck Mahesh Gaikwad, causing him to collapse on the ground. It is alleged that the applicant then sat on Mahesh Gaikwad’s body and hit him multiple times on his head with the butt of the revolver, thereby inflicting further grievous injuries.

5. At that time, co-accused Harshal Kene is said to have entered the Sr. PI’s chamber and fired four rounds from his revolver towards Mahesh Gaikwad. He is also alleged to have slapped the informant, which caused him to flee from the police station. Moreover, accused Harshal Kene and co-accused Kunal Patil are stated to have restrained the bodyguard of Mahesh Gaikwad, preventing him from intervening. They also allegedly assaulted the bodyguard and attempted to snatch his firearm. The entire act is alleged to have been carried out by the accused persons as members of an unlawful assembly, with the common object of causing terror, grievous hurt and attempted murder within the preci