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2025:BHC-AS:57095 12-BA-4758-2025.DOC

Ajit Pathrikar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 4758 OF 2025

Shivam Guddu Sharma ...Applicant

Versus

State Of Maharashtra ...Respondent

Mr. Aniket Vagal a/w Juhi Kadu, Savvy Kolhekar, for the

Applicant.

Ms. Megha S. Bajoria, APP for the State-Respondent.

PSI – Nana Landge, Bhiwandi City Police Station, is present.

CORAM DR. NEELA GOKHALE, J.

DATED: 23^rd DECEMBER 2025

PC:-

1. The Applicant seeks his release on bail in connection

with C.R. No. 979 of 2024 dated 1^st October 2024 registered

with the Bhiwandi City Police Station, Mumbai for the

offences punishable under Sections 333, 310(2) and 324(5) of

the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 25 of the

Arms Act, 1959 and Section 7 of the Criminal Law

(Amendment) Act, 1932.

2. There are in all 10 accused. The main Accused No.1,

namely Abhishek Sambhaji Deshmukh, is granted bail.

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Accused No.3 is also granted bail. The present Applicant is

Accused No.5. Accused Nos. 8 to 10 are absconding. Accused

Nos. 6 and 7 are juveniles.

3. The case of the prosecution, in brief, is that the First

Informant/Complainant has a shop at Kamatghar selling

water. On 29^th September 2024 at 7:30 p.m., while the

Complainant/First Informant was in his shop, he found some

persons quarreling across the road. He intervened in the

quarrel and tried to resolve the matter. Thereafter, on next day

i.e. 30^th September 2024, at around 7:00 p.m., ten persons on

three motorcycles came to his shop carrying iron sickles and

other rustic weapons. They entered the shop and threatened

the First Informant and forcefully robbed him of Rs.8,630/-.

They also stole a handbag. The First Informant’s brother and

sister-in-law also came to the shop at that time, they also

suffered beatings by the accused. Since the First Informant

and his relatives suffered injuries, the FIR was registered and

the accused were arrested.

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4. The Applicant made an application seeking bail before

the Additional Sessions Judge, Bhiwandi. However, by order

dated 27^th November 2025, the said application was rejected.

Hence, the Applicant is before this Court seeking the relief as

prayed.

5. Mr. Aniket Vagal, learned Counsel for the Applicant,

states that the main accused, whose name is recorded in the

FIR, is on bail. He submits that even the Accused No.3 i.e.

Kashiram Yengulwar has also been enlarged on bail by the

Sessions Court. He submits that the Applicant’s name does not

appear in the FIR and even in the supplementary statement,

there is no specific role attributed to him. He thus submits

that the Applicant is innocent and this is a case of false

implication. He thus prays that the Applicant be enlarged on

bail.

6. Ms. Megha Bajoria, learned APP, resists the Bail

Application. She points out that the Applicant’s name figures

in the supplementary statement. She submits that the

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weapons used are dangerous weapons and the injuries caused

to the First Informant and his relatives are serious. She thus

prays that the Bail Application be rejected.

7. I have heard learned Counsel appearing for the

respective parties and perused the record with their

assistance.

8. A plain reading of the FIR clearly reveals the absence of

the Applicant’s name. Even in the supplementary statement,

although his name is taken by the First Informant, there is no

specific role attributed to him. Nothing has been recovered

from the present Applicant. Admittedly, there are two

antecedents against the Applicant and he is on bail in the said

cases. However, in the present case, there is no specific role

attributed to the Applicant and the main accused i