Laxman Babasaheb Shingane v. The State Of Maharashtra

2025:BHC-AUG:7545 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 307 OF 2025 Laxman Babasaheb Shingane, Age : 32 years, Occu. : Agril., R/o. Ranjini, Post. Ranjani, Tq. Ghansawangi, Dist. Jalna.

... Applicant

Versus

The State of Maharashtra ... Respondent.

.....

Mr. Sohel E. Siddiqui, Advocate for Applicant. Mrs. Vaishali S. Chaudhari, APP for Respondent - State. .....

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 13 MARCH 2025 PRONOUNCED ON : 17 MARCH 2025 ORDER :

1.

Applicant seeks grant of regular bail on account of his arrest in Crime No.0460 of 2024 registered at Karmad Police Station, District Aurangabad for the offences punishable under sections 8(c) and 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act. 2.

Learned counsel for applicant submitted that, applicant is arrested in above crime on 14.11.2024. That, applicant is falsely implicated on the say of main accused, who was allegedly apprehended for possessing and transporting contraband Ganja. That, there is nothing is to be recovered from him and investigation is

-2almost completed. That, no further recovery is shown to be made and when no purpose is to be achieved by further detention, according to learned counsel, applicant deserves for bail on any conditions deemed fit by this court.

3.

Learned APP points out that, CDR and SDR shows presence of present applicant with main accused, who was in possession of ganja. However, learned APP conceded that from present applicant nothing is to be recovered. According to learned APP, investigation is still in progress and he opposed the relief of grant of bail.

4.

Heard. Perused the papers and FIR dated 14.11.2024. Police official posted at Karmad police station has lodged report alleging that, on 14.11.2024 secret information was received that one person is carrying ganja on Splendor motorcycle, and therefore, after informing Superior, raiding party was constituted and they had intercepted one Hero Honda Splendor motorcycle. The rider gave his name as Abaji Dagadu Ghayat. After completing formalities, he was found to be in possession of 1.055 gram ganja worth of Rs.21,100/-. Thus, as submitted main accused from whom said contraband was seized is Abaji Ghayat and he was released on bail. In the FIR there is no mention that present applicant was in the company of said

-3accused and was carrying any contraband. No further recovery is shown to be made and as such no purpose would be served by further detention. Hence, the following order is passed :-

ORDER

I.

The application is allowed.

II.

Applicant Laxman Babasaheb Shingane be released on bail in connection with Crime No.0460 of 2024 registered with Karmad Police Station, District Aurangabad, on executing Personal Bond of Rs. 15,000/- with one surety in the like amount, on the following conditions:

[a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. [d] The applicants shall attend the concerned police station thrice in every week i.e. on every Monday, Thursday and Saturday and maintain personal diary of their attendance till committal of case and thereafter, shall regularly attend each and every effective date before the trial court.

(ABHAY S. WAGHWASE, J.) Tandale