Anil @ Shendya Aba Kale v. The State Of Maharashtra And Another

2025:BHC-AUG:8575 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 299 OF 2025 Anil @ Shendya Aba Kale Age 22 years, Occupation Labour, R/o. Khamkarwadi, Taluka Washi, District Dharashiv (Osmanabad).

... Applicant

Versus

1.

The State of Maharashtra Through Officer In Charge, Police Station Chakur, District Latur.

2.

The Superintendent of Police, Latur, District Latur.

... Respondent .....

Mr. Sudarshan J. Salunke, Advocate for the Applicant. Mr. V. M. Chate, APP for Respondent-State.

.....

CORAM :

ABHAY S. WAGHWASE, J.

Reserved on : 21.03.2025 Pronounced on : 24.03.2025 ORDER :

1.

Instant application is for enlargement on regular bail on account of arrest of applicant in crime no. 235 of 2024 registered at Chakur Police Station, District Latur for offence under Sections 395, 341, 506 of IPC and Sections 4 and 25 of the Arms Act.

-22.

Pointing to the date of arrest as 17.05.2024, it is submitted that, there are allegations of committing dacoity and looting liquor worth Rs.62,69,292/- along with vehicle. Learned counsel emphasized that FIR is apparently against unknown persons. That, vehicle is already seized. That one of the co-accused is granted bail. Now investigation is already over and charge sheet is filed way back on 12.08.2024 and therefore, according to learned counsel, when no purpose would be served by further detention, learned counsel seeks grant of bail.

3.

Learned APP opposed on the ground that, after intercepting the truck loaded with liquor boxes, on knife point goods along with vehicle and other articles, total worth Rs.78,11,552/- were taken away. That, liquor is yet to be seized. Only, four persons are arrested and others are yet to be apprehended. That, applicant has been identified in Test Identification parade. Learned APP pointed out that 11 crimes are registered against present applicant and his associates and therefore, he strongly opposed bail.

4.

Heard. Perused the FIR dated 12.05.2024 at the instance of one Mahesh Shivaji Gaikwad, a truck driver, and substance of the FIR is that, on 11.05.2024 he was transporting liquor boxes. When his

-3vehicle truck was a kilometer ahead of toll naka at Ashta, in the intervening night of 11.05.2024 and 12.05.2024, truck was intercepted by a Bolero vehicle and eight persons alighted, and on knife point took away his mobile, cash and truck full of goods worth Rs.78,11,552/-.

5.

Applicant is arrested in above offence. Learned APP has pointed out that applicant is identified in test identification parade. Merely vehicle is seized and goods are yet to be recovered. Learned APP also made a statement that, only four accused are arrested and as such, four more are still at large. Therefore, even if charge sheet is filed as regards to arrested accused, taking the above allegations into account, this court is not inclined to grant bail at this stage. Hence, following order :

ORDER

The application is rejected.

[ABHAY S. WAGHWASE, J.] vre