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Bombay High CourtBA/31/2025application allowed

Pardin @ Pradip @ Pradin Bapu Chavan v. The State Of Maharashtra

2025-02-17Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2025:BHC-AUG:4563 {1} BA 31 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 31 OF 2025 Pardin @ Pradip @ Pradin s/o Bapu Chavan Age: 22 years, Occu.: Labour, R/o. Khandala, Tq.Paithan, Dist.Aurangabad.

..Applicant

Versus

The State of Maharashtra Police Inspector, Pachod Police Station, Tq.Paithan, Dist.Aurangabad.

..Respondent .....

Advocate for Applicant : Mr. Sopan Paruba Bhadge APP for Respondent : Mr.C.V.Bhadane .....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 17 FEBRUARY, 2025 ORDER :

1.

Applicant seeks enlargement on bail on account of his arrest in crime no.0211 of 2022 registered at Pachod Police Station, Dist.Aurangabad for the offence under Sections 395, 397, 120(B) read with 34 of the Indian Penal Code (IPC).

2.

Pointing to the date of arrest of applicant as 10-09-2024, learned counsel submitted that infact FIR is of 22-06-2022. Thus, applicant is arrested on false information after two years and two months. He pointed out that FIR is infact against unknown persons. That, informant has reported that unknown thieves robbed him of his

{2} BA 31 OF 2025 valuables to the tune of Rs.60,900/-. He further pointed out that investigation is over. That, now chargesheet is filed and therefore, nothing further is said to be recovered or discovered at the instance applicant and as he is behind bars since September, 2024, learned counsel seeks grant of bail on any condition deem fit by this Court. 3.

Learned APP opposed the application on the ground that applicant was absconding and therefore, he was arrested at a later point of time. Learned counsel submitted that applicant is part of the group, who is indulged in committing offence. That informant has been robbed of gold, cash and mobile. Learned APP apprehends misuse of liberty, if relief is granted.

4.

Heard. Perused the FIR dated 22-06-2022 at the instance of one Ravindra Bhaskarrao Kulkarni. He has reported that he resides with his family in Mayur Park, Harsul, Aurangabad. On 22-06-2022 at around 12:30 a.m., while he and his family were returning from Tuljapur, near Adgaon Jawale, their vehicle was halted. Suddenly, 78 unknown persons came, dragged him out of vehicle, beat him and robbed him of his mobile, ornaments on the person of his mother, wife and as such, they were robbed of valuable to the tune of Rs.60,900/-. On above report, crime seems to have been registered

{3} BA 31 OF 2025 on 22-06-2022. Apparently, FIR is against unknown persons. Applicant is arrested on 10-09-2024 i.e. after two and half months. 5.

Learned APP fairly conceded that no T.I. Parade has been conducted and that, chargesheet is already filed. Therefore, when nothing further is shown to be recovered or discovered at the instance of applicant and taking nature of the allegations and above discussion into consideration, application deserves to be allowed. Hence, the following order :

ORDER

(i) Application is allowed.

(ii) Applicant Pardin @ Pradip @ Pradin s/o Bapu Chavan be released on bail in connection with Crime no.0211 of 2022 registered with Pachod Police Station, Dist.Aurangabad on executing Personal Bond of Rs.15,000/- with one surety in the like amount. (iii) Applicant shall not tamper prosecution evidence. (iv) Applicant shall not leave jurisdiction of Pachod Police Station, Dist.Aurangabad, till conclusion of trial. ( ABHAY S. WAGHWASE ) JUDGE SPT