Bombay High Court
Abhishek Vijay Kesharwani vs State Of Maharashtra on 30 July, 2025
Author: R.N. Laddha
Bench: R.N. Laddha
2025:BHC-AS:32471
Mamta Kale 3-aba-673-2025.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Anticipatory Bail Application No. 673 of 2025
Abhishek Vijay Kesharwani
Aged about 25 years, Occ.--
Resident of Main Chauraha
Karerti Road, Pratapgarh,
Uttar Pradesh - 230 204. ... Applicant
versus
The State of Maharashtra
(Through Vakola Police Station) ...Respondent
----
Ms Mallika Sharma a/w Ms Asha Joshi i/b Mr Amit Singh, for
the Applicant.
Mr S V Walve, APP, for Respondent / State.
API Rahul Pol, Vakola Police Station, Mumbai, is present.
Digitally
signed by
MAMTA
MAMTA AMAR
AMAR KALE
----
KALE
Coram: R.N. Laddha, J.
Date:
2025.07.31
19:00:31
+0530
Date: 30 July 2025
P.C.:
This is an application for pre-arrest bail filed by the
applicant, who is apprehending arrest in CR No.1026 of 2024,
registered at Vakola Police Station, Mumbai, for the offence
punishable under Section 305 of the Bharatiya Nyaya Sanhita,
2023.
2. The prosecution alleges that on 18 November 2024,
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between 10 a.m. and 11:15 a.m., an unknown individual stole
eight gold rings worth Rs.80,000/-, eight pairs of gold earrings
valued at Rs.60,000/-, two gold chains of Rs.60,000/-, one gold
necklace valued at Rs.40,000/-, one gold mangalsutra worth
Rs.40,000/-, and cash of Rs.1,60,000/-. During the
investigation, it was discovered that the applicant, along with
another shop jeweller, knowingly received these stolen gold
ornaments.
3. Ms Mallika Sharma, the learned Counsel appearing on
behalf of the applicant, asserting the applicant's innocence,
contends that the applicant has been falsely implicated in the
crime. She submits that the applicant has been implicated solely
based on the statement of the co-accused, Ashraf, who has been
acquitted of the crime on 28 July 2025. Apart from the mere
assertion, there is no material on record to substantiate the
prosecution's claim that the applicant knowingly received
stolen articles. The learned Counsel further submits that the
applicant has no criminal antecedents and is ready to abide by
any conditions this Court imposes.
4. Mr SV Walve, the learned Additional Public Prosecutor
representing the respondent/ State, opposes the applicant's
request for pre-arrest bail and contends that the offence is
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serious. He submits that during the investigation, the
applicant's name was revealed. The applicant was served with
notice under Section 35(3) of the Bharatiya Nagarik Suraksha
Sanhita, 2023; however, he did not attend the concerned police
station. If granted pre-arrest bail, the applicant may tamper
with evidence or influence witnesses.
5. Upon perusing the records, it transpires that the alleged
incident occurred in November 2024. The applicant is a
jeweller and manages his father's shop, Vijay Jewellers. The
sole allegation against the applicant is that he allegedly accepted
the stolen gold articles. A charge sheet was filed against the co-
accused, and the trial proceeded against them. The records
reveal that apart from the statement of the co-accused, Ashraf,
there is no material on record to prima facie indicate that the
applicant was involved in the crime. Notably, co-accused
Ashraf, who implicated the applicant, has already been
acquitted of the crime on 28 July 2025. Furthermore, from a
perusal of the judgment and order dated 28 July 2025 passed in
CC No.419/PW/2025 by the learned Judicial Magistrate First
Class, 71st Court, Bandra, Mumbai, it appears that after
recording the disclosure statement, the investigating officer, the
accused, and one independent witness went to Uttar Pradesh,
instead of any particular place in Mumbai. The independent
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witness deposed that co-accused Ashraf, in his presence, never
disclosed delivering the alleged stolen goods at any place in
Mumbai. Considering the nature of the allegations and the
material placed on record, this Court deems it fit to exercise its
discretion in favour of the applicant. Hence, the following
order:
ORDER
(i) In the event of the applicant's arrest
in CR No.1026 of 2024, registered at
Vakola Police Station, Mumbai, he shall be
released on bail upon executing a PR
Bond of Rs.25,000/- and furnishing one
or more sureties in the like amount.
(ii) The applicant, himself or through
any other person, shall not tamper with
the evidence or influence witnesses.
6. The application stands disposed of accordingly.
(R.N. Laddha, J.)
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30 July 2025
