Gurumukhsing Hirasingh Taak v. The State Of Maharashtra

2025:BHC-AUG:9545 {1} BA 193 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 193 OF 2025 Gurumukhsing S/o Hirasingh Taak Age: 25 years, Occu.: Labour, R/o. : New Mondha, Jintur Road, Tq. and Dist.Parbhani.

....Applicant

Versus

The State of Maharashtra Through Kandhar Police Station, Tq. and Dist.Nanded.

.....Respondent .....

Advocate for Applicant : Adv.Ziya Pathan h/f. Mr.G.R. Syed APP for Respondent: Mr.C.V.Bhadane .....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 01 APRIL, 2025 ORDER :

1.

Instant application is for grant of regular bail on account of arrest of applicant in crime no.0186 of 2024 registered at Kandhar Police Station, Dist.Nanded, for offence under Sections 395, 398 of the Indian Penal Code.

2.

Pointing to the date of arrest of applicant as 25-06-2024, it is submitted that there is false implication. That, FIR is against unknown persons. That, no specific allegations are levelled against

{2} BA 193 OF 2025 present applicant. That, no distinct role is attributed to the applicant. Learned counsel further pointed out that in this case, no T.I. parade has been conducted. That, some recovery is shown, but it is at subsequent time. Learned counsel pointed out that on 20-09-2024 itself chargesheet is filed and as investigation itself is over and when no further recovery or discovery is to be made, learned counsel urges for grant of bail.

3.

Learned APP opposed application on the ground that applicant is one amongest 11 other accused persons. That, four accused are still at large. That, from present applicant, there is recovery. Therefore, according to learned APP, though chargesheet is filed and some more accused are still to be apprehended, he opposed the relief of bail.

4.

Heard. Perused the papers. FIR dated 15-06-2024, which is at the instance of Gajanan Shrihari Yerewar is regarding 5-6 unknown persons entering house of informant in the night of 14-06-2024 by covering their faces. By assaulting by some article, valuables worth Rs.41,35,000/- comprising of gold, silver ornaments and cash were

{3} BA 193 OF 2025 taken away. Apparently FIR is against unknown persons. On Court query, learned APP conceded that in this case, no T.I. parade is conducted till date. Regarding occurrence of 14-06-2024, applicant is arrested on 25-06-2024.

Learned APP submitted that recovery is already effected. However, he opposed application on the ground that Associates of present applicant are still to be arrested.

5.

Chargesheet is filed in September, 2024. Taking the above material into consideration when atleast as against present applicant, no further recovery or discovery is shown to be made, merely for want of other accused persons, applicant cannot be kept behind bars for an indefinite period. Hence, following order is passed. :

ORDER

(i) Bail Application is allowed.

(ii) Applicant Gurumukhsing S/o Hirasingh Taak be released on bail in connection with Crime no.0186 of 2024 registered with Kandhar Police Station, Dist.Nanded on executing Personal Bond of Rs.15,000/- with one surety in the like amount.

{4} BA 193 OF 2025 (iii) Applicant shall not tamper prosecution evidence. (iv) Applicant shall not leave the jurisdiction of Kandhar Police Station, Dist.Nanded, till conclusion of trial, except for attending effective dates before the Court. ( ABHAY S. WAGHWASE ) JUDGE SPT