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Bombay High CourtBA/367/2025application allowed

Amitkumar Ravindra Sinha Yadav v. The State Of Maharashtra

2025-08-26Hon'Ble Shri Justice Sanjay A. Deshmukh4 pages

2025:BHC-AUG:24030 1 of 4 935-BA.367.2025-detail.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 BAIL APPLICATION NO. 367 OF 2025 Amitkumar Ravindra Sinha Yadav, Age : 22 years, Occupation: Labour, R/o. Fatempur, Tq. Momidpur, District : Patna (State-Bihar).

... Applicant

Versus

The State of Maharashtra, Through the Police Officer, MIDC Police Station, Latur, Tq. & Dist. Labour.

... Respondent ...

Mr. P. P. More, Advocate for applicant.

Mr. D. J. Patil, APP for Respondent-State.

...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

26th AUGUST, 2025 P.C.:- .

Heard learned Advocate for the applicant and learned APP for the Respondent-State.

2.

This is an application for granting regular bail in connection with Crime No. 730 of 2023, registered with MIDC Police Station, Taluka and District Latur, for the offence punishable under Sections 399, 402, 120(b), 420 and 468 of Indian Penal Code (IPC) and Sections 3(1), 25, 7(a)/25 of Arms Act, 1959. 3.

The applicant is arrested as he was found with the weapon i.e. pistol while attempting to commit dacoity.

2 of 4 935-BA.367.2025-detail.odt 4.

Learned Advocate for the applicant submits that applicant is 22 years old boy, who had just completed his education and he was in the search of a job. He is falsely implicated in the crime without knowing the consequences of the said attempt to commit dacoity. He has been arrested with the weapon. He submits that there is no criminal antecedent to the applicant. applicant is resident of Fatempur, Taluka Momidpur, District Patna, Bihar. He submits that he is ready to furnish the local surety and also ready to deposit some amount as cash surety. He submits that co-accused-Subodhsing @ Abhishek s/o. Ishwariprasad Sinha, who is the main suspect of the crime. The said co-accused has been released on bail by this Court in Bail Application No.2338 of 2024 dated 3rd February 2025, on the ground that trial will take long period. He seeks grant of bail to the applicant. 5.

Learned APP for the Respondent-State strongly opposed the application and submitted that the applicant is booked for a serious crime and at his instance, police has seized a country made pistol, one foreign made pistol of 10 bullets, 12 cartridges and fake aadhar card. He submitted that there is strong evidence against the applicant and if he is released on bail, he is danger to the society. He, therefore, submits to reject the application.

6.

Perused the application and charge-sheet, particularly the report and the seizure panchanama of pistol. This Court, while

3 of 4 935-BA.367.2025-detail.odt deciding the application of the main accused Subodhsing @ Abhishek s/o. Ishwariprasad Sinha in Bail Application No.2338 of 2024, has observed in paragraph No.5 that the trial will take a long period. This applicant has roots in society and does not have any criminal antecedents. Considering the principle that bail is rule and jail is exception, if bail is granted subject to conditions, on the principle of parity and the applicant's presence can be secured during the trial as he has roots in the society.

7.

Hence, the following order is passed:-

O R D E R

(i).

Application is allowed.

(ii). The applicant in connection with crime No.730 of 2023, registered with MIDC Police Station, Taluka and District Latur for the offences punishable under Sections 399, 402, 120(b), 420 and 468 of IPC and Sections 3(1), 25, 7(a)/25 of Arms Act, 1959, be released on bail on furnishing two personal bonds of Rs.50,000/- each with two local surety of the like amount with following conditions:- (a).

The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner.

4 of 4 935-BA.367.2025-detail.odt (b).

The applicant shall not leave Latur District and shall mark his presence once in a week in the MIDC police station, Latur.

(c).

The applicant shall also submit cash surety of Rs.50,000/-, which will be refunded after the conclusion of the trial by the Trial Court without reference to this Court.

(SANJAY A. DESHMUKH, J.) Tauseef