Sandip Sahebrao Dhanwade v. The State Of Maharashtra

2025:BHC-AUG:8610 {1} BA 348 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 348 OF 2025 Sandip s/o. Sahebrao Dhanwade Age: 39 years, Occu.: Agri., R/o. Bhenda Khurd, Tq.Newasa, Dist.Ahmednagar.

....Applicant

Versus

The State of Maharashtra Through Police Inspector, Newasa Police Station, Tq.Newasa, Dist.Ahmednagar.

.....Respondent .....

WITH CRIMINAL APPLICATION NO. 994 OF 2025 IN BA/348/2025 Shruti w/o Saurabh Pokharkar Age: 29 years, Occu.: Service, R/o. : Balewadi Stadium Near Mahalunge Taluka and District Pune.

....Applicant (Complainant)

Versus

1) The Police Station Incharge Newasa Police Station, Taluka Newasa, Dist.Ahmednagar.

2) Sandip s/o Sahebrao Dhanwade Age: 39 years, Occu.: Agri., R/o.Bhenda (Kh.), Tq.Newasa, Dist..Ahmednagar.

....Respondents (R.No.2 is the orig. accused) .....

Advocate for Applicant : Mr. Mahesh S. Taur APP for Respondent : Mr.C.V.Bhadane Advocate for assist to PP : Mr.Ganesh P. Darandale .....

{2} BA 348 OF 2025 CORAM : ABHAY S. WAGHWASE, J.

DATE : 24 MARCH, 2025 ORDER :

1.

Applicant seeks his enlargement on bail in Crime no.0776 of 2024 registered at Newasa Police Station, Dist.Ahmednagar for offence u/s 109, 61(2), 3(5) of the Bharatiya Nyaya Sanhita (BNS). 2.

Learned counsel submitted that applicant is falsely implicated. That, informant has set law into motion on hearsay information. That, there are allegations of conspiring and hiring men to kill her brother. That, there are allegations that her brother was attempted to be killed by being run over by use of vehicle. That, identity of driver is not known. Learned counsel made a statement that applicant was not shown to be present in the vehicle, which allegedly gave dash. That, now investigation is also over. That, there is nothing incriminating against him nor there is any evidence to show that he was party to the conspiracy or that he had any ill motive or grudge against informant's brother. That, chargesheet being filed in December, 2o24 and no further recovery or discovery is shown to be made at the instance of applicant and as he is ready to abide by any and all conditions imposed by this Court, relief of bail is urged for.

{3} BA 348 OF 2025 3.

Criminal Application No.994 of 2025 is filed by the informant seeking permission to assist Public Prosecutor. For the reasons mentioned in the application, Criminal Application No.994 of 2025 is allowed.

4.

Learned APP as well as learned counsel allowed to assist APP have both opposed the application. That, it is a case of contract to kill after hatching conspiracy. That, applicant was also involved. That, they both apprehend misuse of liberty, if bail is granted. 5.

Heard. Perused the papers. FIR dated 17-08-2024 is at the instance of one Shruti Saurabh Pokharkar and she claims that on 1608-2024, she got a phone call from her cousin Shantanu Wagh in frightened condition informing that he is being followed by a white Bolero and saying so much he disconnected the call. Informant claims that after some time, she again got a phone call from same mobile but some unknown person was calling and he informed that dash has been given to her brother by a Bolero vehicle. She claims to have got in touch with her another sister and claims to have passed information to her. She further claims that at around 09:30 p.m. she learnt from her father that when Shantanu was proceeding on Honda

{4} BA 348 OF 2025 Shine Motorcycle, his vehicle was being chased by a white Bolero and one Sandip Dandgavhane posted at Toll Naka, saw Motorcycle being given dash by white Bolero. That, there are CCTV footages showing all above events. Thus, she alleges conspiracy to kill. On above report, crime has been registered.

6.

Statement is made across the bar by learned counsel that investigation did not reveal that applicant was available in the vehicle. Such submission is not denied or refuted by learned APP. Now investigation is said to be over and chargesheet is already filed in December 2024. Nothing is shown to be further recovered or discovered at the instance of applicant. Consequently, when nothing further is to be investigated, applicant's custody with above nature of allegations seems to be unwarranted. Hence, following order is passed. :

ORDER

(i) Bail Application is allowed.

(ii) Applicant Sandip s/o. Sahebrao Dhanwade be released on bail in connection with Crime no.0776 of 2024 registered with Newasa Police Station, Dist.Ahmednagar on executing Personal Bond of Rs.15,000/- with one surety in the like amount.

{5} BA 348 OF 2025 (iii) Applicant shall not tamper prosecution evidence. (iv) Applicant shall not leave the jurisdiction of Newasa Police Station, Dist.Ahmednagar, till conclusion of trial, except for attending effective dates before the Court. (v) Criminal Application No.994 of 2025 is disposed of. ( ABHAY S. WAGHWASE ) JUDGE SPT