Sanket Mahendra More v. The State Of Maharashtra

2025:BHC-AUG:6164 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 337 OF 2025 Sanket Mahendra More, Age : 32 years, Occu: Agriculture, R/o: Plot No. 177, Hanumanwadi, Station Road, Chalisgaon, District Jalgaon.

... Applicant

Versus

State of Maharashtra Police Station Officer, Chalisgaon Police Station, Taluka Chalisgaon, District Jalgaon.

... Respondent .....

Mr. S. S. Bora, Advocate for the Applicant.

Mr. V. M. Jaware, APP for Respondent-State.

.....

CORAM :

ABHAY S. WAGHWASE, J.

Date :

04.03.2025 ORDER :

1.

This is an application for grant of regular bail on account of arrest of the applicant in crime no. 10 of 2025 registered at Chalisgaon Police Station, District Jalgaon for offences punishable under Sections 3, 4, 25 of the Arms Act and Sections 37(1), 37(3) and 135 of the Maharashtra Police Act.

-22.

Pointing to the date of arrest, as 08.01.2025, learned counsel submits that crime is registered alleging seizure of live cartridges and other articles during house search when some information was received about incident of stone pelting in the vicinity of a school at Chalisgaon city. Learned counsel submitted that informant, a police constable, claims that he received information about six unknown persons coming on motorcycles, opening fire in air and pelting stones on some houses and therefore, he brought the informant Sarang to police station and crime was registered. Learned counsel submits that amongst six persons, two were said to be juvenile, and present applicant is arrested merely because he happens to be brother of those two juveniles. That, there is only shown to be possession in house search. No further recovery is to be made. Applicant is ready to abide any and all conditions imposed by this Court and hence, he urges for bail.

3.

Learned APP opposes on the ground that on 07.01.2025 around 11.45 p.m., information was received from patrolling party that near Podar Schook, there is incident of stone pelting and possibility of some untoward incident. Therefore, informant, a police constable, along with another constable, paid visit to the spot. It is claimed that on reaching there, information was received that six persons had

-3come on three motorcycles and opened fire and had pelted stones. It is further reported that crime to this extent was recorded and on visit to the house of applicant, which was adjoining to the spot, live cartridges along with other articles koyta, gupti, baseball bat and a sharp weapon like axe were seized by the search party, and hence instant crime is registered.

4.

Thus, as pointed out, there are only allegations of live cartridges found in the house search along with other articles. Though investigation is still incomplete, what is further to be recovered or discovered is not made known to this Court so as to continue further custody of the applicant. Therefore, considering the nature of allegations, further investigation can be carried out by securing presence of the applicant. Hence, I proceed to pass the following order:

ORDER

I.

The application is allowed.

II.

Applicant Sanket Mahendra More be released on bail in connection with Crime No. 10 of 2025 registered at Chalisgaon Police Station, District Jalgaon, 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.

-4- [b] The applicant shall not leave the jurisdiction of the concerned police station till conclusion of trial.

[c] The applicant shall attend the concerned police station daily between 11.00 a.m. to 02.00 p.m. till committal of case and thereafter, shall regularly attend each and every effective date before the trial court.

[ABHAY S. WAGHWASE, J.] vre