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Bombay High CourtBA/412/2025disposed off

Ritik Alias Nikky Amriksing Punjabi v. The State Of Maharashtra

2025-03-25Hon'Ble Shri Justice Abhay S. Waghwase4 pages

2025:BHC-AUG:8699 {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.412 OF 2025 Ritik @ Nikky S/o. Amriksing Punjabi, Age: 22 years, Occu.: Labourer, R/o. Kodavle Nagar, Dhule, Tq. & Dist. Dhule ... Applicant

Versus

The State of Maharashtra Through Mohadi Nagar Police Station, Dist. Dhule ... Respondents ......

Mr. Siddesh S. Ghodke, Advocate for Applicant Mr. V.M. Jaware, APP for Respondent - State ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 24 MARCH 2025 PRONOUNCED ON : 25 MARCH 2025 PER COURT :- 1.

Applicant seeks grant of regular bail on account of his arrest in Crime No.0004 of 2025 registered at Mohadi Nagar Police Station, District Dhule for offence under Sections 309(4), 309(6), 311, 126(2), 3(5) of the Bharatiya Nyaya Sanhita. 2.

Learned counsel for the applicant is arrested in above crime on 13.01.2025. That, alleged occurrence is of 09.01.2025. That, FIR is against unknown persons. That, alleged three persons

{2} came in masked condition, therefore, question of identity itself arises. That, there are general allegations, and no specific role is defined. Learned counsel pointed out that in report report, role attributed is distinct than role attributed in FIR. Lastly, he submitted that now investigation is almost over and as no further recovery or discovery is shown to be made at the instance of applicant and as no further purpose would be achieved by further detention of the applicant, learned counsel seeks grant of bail.

3.

Learned APP opposed on the ground that though initially FIR was registered against unknown persons, but on the basis of CCTV footage, identity has been established. That, present applicant is also seen in the CCTV footage. That, applicant had ten crimes registered against him of similar nature. Moreover, according to learned APP, investigation is still in progress. For all above reasons, learned APP seeks rejection of application. 4.

Heard. Perused the papers. Report dated 09.01.2025 is at the instance of one Dilip Garde, who has reported police that, he is running the business of selling cotton. That, on 07.01.2025, he dispatched a loaded truck of cotton to Gujrat worth of Rs.13,15,200/-. On 09.01.2025, he and his partner Santosh Masule had been to purchase cotton at Navlane, Tq. and Dist.

{3} Dhule. That, around 02:00 p.m., his partner Santosh received a phone call from his brother Ravindra informing that money towards goods dispatched in Gujrat is received in office at Dhule, but he could not collect the same. Therefore, he and his associate went and corrected the cash to the tune of Rs.13,15,500 and were travelling back to the village. However, informant claims that, at around 03:00 p.m., their motorcycle was intercepted intercepted by three persons, who came on a Unicorn motorcycle. He himself was riding motorcycle, whereas Santosh wasthe pillion rider, and holding the bag. That, one of the persons sitting at the back of the motorcycle gave blows with sharp weapon on the hand of Santosh and snatched the bag and all three persons fled. On above report, crime has been registered.

5.

Police papers placed on record show that, CCTV footage of occurrence of 17.01.2025 has been drawn. Therefore, there is a material and base for identification. Occurrence is in the broad daylight. Learned APP pointed out that ten crimes of similar nature are already registered against the present applicant, and moreover, investigation is said to be incomplete. Therefore, taking the same into account, this Court is not inclined to grant

{4} relief as prayed at this stage. Hence the following order:

ORDER

Bail Application is rejected.

ABHAY S. WAGHWASE, JUDGE S P Rane