Siddharth Parshuram Bhure v. The State Of Maharashtra

Sajakali Jamadar 1 of 3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3446 OF 2019 Siddharth Parshuram Bhure ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Ajinkya Kamble a/w Mr. K. Hanumant a/w Mr. Vaibhav Kulkarni, Advocate for the Applicant.

Mr. S. S. Pednekar, APP for the Respondent - State. .....

CORAM : PRAKASH D. NAIK, J.

DATE : 5th MARCH, 2020 PC :

1.

The applicant is arrested on 15th May, 2019 in connection with C.R. No. 626 of 2019 registered with Pimpari Police Station, Pimpari Chinchwad for offences punishable under Section 363, 364-A, 384 & 385 r/w Section 34 of Indian Penal Code.

2.

The case of the prosecution is that victim Yadnyesh Tilwa was having financial transactions with the co-accused. He was abducted by them and taken to Jalgaon in the vehicle. The co-accused and the applicant were found together along with victim in the hotel while having break fast. All of them were apprehended. Investigation proceeded, charge-sheet is filed.

3.

Learned counsel for the applicant submitted that the applicant

Sajakali Jamadar 2 of 3 has not played any role in this case. The applicant has been falsely implicated in this case. There is no evidence against him. The case of the prosecution is that the applicant and the co-accused were arrested. They were found together with the victim having breakfast. The victim was not subjected to any assault. The applicant has no connection with the alleged transactions with the co-accused. He is not instrumental in abducting the victim. At the most the applicant was driving the vehicle.

4.

Learned APP took him through the statement of witnesses. He pointed out statement of Yadnyesh Tilwa who is the witness in this case. It is submitted that the applicant was through out with the coaccused while the victim was being abducted. He was apprehended along with co-accused and the victim by the police at Jalgaon. 5.

I have perused the statement of witnesses, complainant and victim. It is apparent that there were transactions between the co-accused and the victim. Accused was demanded money. The applicant had no conversation with the co-accused or his relatives. He was accompanying the co-accused in the vehicle as driver of the vehicle. He has not given any threats to complainant or relatives and there is nothing to infer that he was conspirator to commit the offence. The applicant is in custody from the date of arrest. There are

Sajakali Jamadar 3 of 3 no criminal antecedents against him. Hence, case for grant of bail is made out.

6.

Hence, I pass the following order :

O R D E R

i) Bail Application No. 3446 of 2019 is allowed; ii) The applicant is directed to be released on bail in connection with C.R. No. 626 of 2019 registered with Pimpari Police Station, Pimpari Chinchwad on furnishing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount; iii) The applicant shall report concerned police station once in a month on every first Saturday between 11.00 a.m. to 1.00 p.m.

iv) Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)