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Bombay High CourtBA/140/2025application allowed

Balasaheb @ Balu Hariram Sargude v. The State Of Maharashtra And Another

2025-02-24Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:5063 62-BA-140-25.odt {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.140 OF 2025 Balasaheb @ Balu Hariram Sargude, Age - 21 years, Occu.: Education, R/o. Malewade, Tq. Shirur (Kasar) Tq. Shirur, Dist. Beed.

... Applicant

Versus

1. The State of Maharashtra Through Officer In-charge, Police Station Amalner, District. Beed.

... Respondent ......

Mr. S.E. Shekade, Advocate for Applicant Mr. S.S. Dande, APP for Respondent - State ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 24 FEBRUARY 2025 PER COURT :- 1.

Applicant seeks enlargement on bail on account of his arrest in Crime No.0222 of 2024, registered at Amalner Police Station, District Beed, for offences punishable under Sections 123, 223, 274, 275, 3(5) of the Bharatiya Nyaya Sanhita (BNS). 2.

Learned counsel pointed out that applicant is arrested in above crime on 28.12.2024. That, there are allegations that, applicant was in possession of Ghutkha worth of Rs.3,87,417/-. He further pointed out that, there are allegations that there was recovery from Godown, which was owned by the co-accused Bharat Kagade, and the said co-accused is already enlarged on

62-BA-140-25.odt {2} interim anticipatory bail by this Court vide order dated 11.02.2025. He placed copy of the said order on record. Therefore, on the ground of parity, learned counsel seeks grant of relief. 3.

Learned APP opposed on the ground that investigation is still incomplete, and charge-sheet is yet to be filed. 4.

Heard. Perused the papers. Considering the above submissions and the aspect that co-accused, who was shown to be in possession of the shade, from which there is recovery of Ghutkha, is already beneficiary of interim anticipatory bail, and hence, on the parity of applicant succeeds. Hence, the following order:

ORDER

(i) Bail Application is allowed.

(ii) Applicant Balasaheb @ Balu Hariram Sargude be released on bail in connection with Crime no.0222 of 2024 registered with Amalner Police Station, District Beed on executing Personal Bond of Rs.15,000/- with one surety in the like amount.

(iii) Applicant shall not tamper prosecution evidence. (iv) The applicant shall not indulge in similar offence. ABHAY S. WAGHWASE, JUDGE S P Rane