Roshan Somnath Kote v. The State Of Maharashtra

2025:BHC-AUG:12041 {1} BA 588 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 588 OF 2025 Roshan Somnath Kote Age: 24 years, Occu.: Education, R/o. Dwarkanagar, Shirdi, Tq.Rahata, Dist.Ahmednagar.

....Applicant

Versus

The State of Maharashtra Through Police Station Officer, Shirdi Police Station, Tq.Rahata, Dist.Ahmednagar.

.....Respondent .....

Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondent : Mr.N.D.Batule .....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 25 APRIL, 2025 ORDER :

1.

Applicant seeks enlargement on regular bail on account of arrest in crime no.0116 of 2025 registered at Shirdi Police Station, District Ahilyanagar, for offence under Sections 3, 25, 7, 27 of the Arms Act.

2.

It is submitted that applicant is arrested in above crime on 08-02-2025. That, applicant is shown as accused no.4 in the FIR and as accused no.2 in the chargesheet. That, accused nos.1 and 5 (in

{2} BA 588 OF 2025 the FIR) are already granted bail by this Court. That, applicant was not shown in possession of any arms. That, now investigation is over and chargesheet is filed in April, 2025. As applicant is ready to abide by any conditions imposed by this Court, he urges for grant of bail. 3.

Learned APP opposed application on the ground that applicant is found to be a supplier of arms and therefore, he prays for rejection of the application.

4.

Heard. Perused the FIR dated 08-02-2025. Informant, a Police official claims that on secret information, it was learnt that there are firearms in possession of non-applicant namely Ganesh Shejwal and he is creating terror by firing. Therefore, a team was constituted under the guidance of Police Inspector and search was conducted and visit was made to house of Ganesh Shejwal and non-applicant Ajay Shejwal. In house-search, three arms and live cartridges were found and the same are said to be seized. Thus, apparently arms were found in the house of non-applicants Ganesh Shejwal and Ajay Shejwal and therefore, crime was registered. Accused Ganesh Shejwal and Ajay Shejwal applied for regular bail vide Bail Application No.554 of 2025 and they are granted bail by this Court on 23-04-2025.

{3} BA 588 OF 2025 5.

In present application, bail is opposed by learned APP on the ground that applicant is a supplier of firearms, but there is no specific material atleast in the chargesheet placed before this Court. Though investigation is incomplete, considering the nature of allegations, further investigation can be carried out by securing presence of the applicant. Hence, following order :

ORDER

(i) Bail Application is allowed.

(ii) Applicant Roshan Somnath Kote be released on bail in connection with Crime no.0116 of 2025 registered with Shirdi Police Station, District Ahilyanagar, on executing Personal Bond of Rs.15,000/- with one surety in the like amount.

(iii) Applicant shall not tamper prosecution evidence. (iv) Applicant shall report to concerned Police Station, thrice in a week i.e. on every Monday, Wednesday and Friday till commencement of trial and thereafter, he shall regularly attend each and every effective date before the trial Court.

( ABHAY S. WAGHWASE ) JUDGE SPT