Sandip Umakant Ghoderao v. The State Of Maharashtra

2025:BHC-AUG:11493 {1} BA 489 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 489 OF 2025 Sandip S/o Umakant Ghoderao Age: 19 years, Occu.: Labour, R/o. House No.13/74, Adalat Road, Anand Nagar, Kotala Colony, Aurangabad.

....Applicant

Versus

The State of Maharashtra Through Investigation Officer, Police Station Satara, Ta. & Dist.Aurangabad.

.....Respondent .....

Advocate for Applicant : Mr. Pramod C. Mayure APP for Respondent : Mr.S.B.Narwade .....

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 21 APRIL, 2025 PRONOUNCED ON : 22 APRIL, 2025 ORDER :

1.

This is an application for enlargement on regular bail on account of arrest of applicant in crime no.0541 of 2024 registered with Satara Police Station, District Chhatrapati Sambhajinagar for offence under Sections 310(2), 309(4), 333, 61(2), 3(5) of the Bharatiya Nyaya Sanhita and under Sections 3, 25 of the Arms Act. 2.

At the outset, it is submitted that FIR is against two unknown persons. Pointing to the date of arrest of applicant as 07-12-2024, it is submitted that applicant is shown as accused no.2. It is pointed

{2} BA 489 OF 2025 out that accused against whom there are similar allegations like that of present applicant, are already granted bail by the learned trial Court itself. That, only allegations against present applicant is that he was keeping surveillance prior to the occurrence, however, he is not seen in the CCTV footage. That, applicant is barely 19 years of age. That, he has no criminal antecedents. That, chargesheet is filed on 04-02-2025 and when no further recovery or discovery is to be made, learned counsel urges for grant of bail. 3.

Learned APP opposed the application on the ground that investigation revealed that present applicant was involved in the aforesaid crime alongwith other accused. That, he has passed necessary information after conducting surveillance. That, while in custody, there is memorandum of disclosure wherein it has revealed that he has sold stolen ornaments and has received money. Therefore, learned APP opposes bail application.

4.

Perused the papers. FIR dated 20-11-2024 is at the instance of Suresh Kulate, who seems to be a Jeweller running a shop no.2 in Choudhari Heritage, Renuka Mata Mandir Road, Beed Bypass vicinity, Chhatrapati Sambhajinagar. He has reported that on 19-11-2024, after conducting business, when he was about to close the shop and

{3} BA 489 OF 2025 carrying back ornaments and cash, two persons entered the shop and on gun point, decamped with the bag. On above report, crime has been registered.

5.

Co-accused Rahul Jay Shirsath and Anukul Anil Pawar, who applied for regular bail before the learned trial Judge, seem to have been released on bail by order dated 08-04-2025 and 19-04-2025. Learned APP has also admitted that only role attributed to present applicant is that he was keeping surveillance. Now, investigation is over and chargesheet is already filed in February, 2025. There are no immediate prospects of matter going for trial and when no further recovery or discovery is shown to be made, application deserves to be allowed. Hence, following order :

ORDER

(i) Bail Application is allowed.

(ii) Applicant Sandip S/o Umakant Ghoderao be released on bail in connection with Crime no.0541 of 2024 registered with Satara Police Station, District : Chhatrapati Sambhajinagar, on executing Personal Bond of Rs.15,000/- with one surety in the like amount.

(iii) Applicant shall not tamper prosecution evidence. ( ABHAY S. WAGHWASE ) JUDGE SPT