Surajsing Alias Surendrasing Jagatsing Gadiwale v. The State Of Maharashtra

2025:BHC-AUG:13794 {1} BA 645 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 645 OF 2025 Surajsing Alias Surendrasing Jagatsing Gadiwale Age: 25 years, Occu.: Labour, R/o. Nandigram Society, Nanded, Tq. & Dist.Nanded.

....Applicant

Versus

The State of Maharashtra Through Police Inspector, Akhada-Balapur Police Station, Dist.Hingoli.

.....Respondent .....

Advocate for Applicant : Mr. Satej S. Jadhav APP for Respondent : Mr.P.K.Lakhotiya .....

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 08 MAY, 2025 PRONOUNCED ON : 09 MAY, 2025 ORDER :

1.

Instant application is for grant of regular bail on account of arrest of applicant in crime no.0597 of 2024 registered at AkhadaBalapur Police Station, District Hingoli, for offence under Sections 137(2), 140(2), 310(2), 109, 127(2), 115(2), 352, 351(2)(3), 61(2), 126(2) of the Bharatiya Nyaya Sanhita and under Sections 3, 25 of the Indian Arms Act.

{2} BA 645 OF 2025 2.

Learned counsel for the applicant pointed out that applicant is arrested in above crime on 05-10-2024. That, there are allegations of kidnapping and abduction of a person over 60 years of age. That, said person is already back in his family. That, FIR is against unknown persons. That, allegations against present applicant are of indulging in act, which is confined to territorial jurisdiction of Nanded and Hingoli i.e. alleged picking up of victim. That, other accused are granted bail by this Court. Therefore, applicant is entitled for bail on parity ground. That, now investigation is over and chargesheet is already filed in December, 2024. He further made an assertion that though T.I. parade was conducted, present applicant has not been identified. For all above reasons, he urges for grant of bail.

3.

Learned APP has opposed bail application on the ground that serious offence is committed. That, applicant is arrested on the spot. That, there are antecedents for committing other offences under Sections 302 and 309 of the Indian Penal Code and as such he is a history-sheeter. Learned APP further submitted that matter is at the stage of hearing before charge in the trial Court.

{3} BA 645 OF 2025 4.

Heard. Perused the papers. FIR dated 04-10-2024 is at the instance of one Avinash Ganpatrao Shinde, who reported that, he resides with his family including his parents and his father, who is 65 years of age. He claims that on 03-10-2024, he got a call from one Rahul Bondare informing that his father's Motorcycle is lying near a bridge on a service road beside a Nala and it apparently seems to be an accident. Therefore, informant rushed there. It is stated that Motorcycle of his father was lying there but his father was not seen and therefore, search was undertaken.

He further claims that in the night, call was received on the mobile of his mother namely Laxmiai and his father himself called over it informing that four persons has forced him in a black Scorpio and he is being taken, but he does not know destination and thereafter, call got disconnected. It is further reported that attempts to reach his father went futile and no contact was developed because of call getting dropped or disconnected. He further reported that persons taking his father called up on WhatsApp voice call and informed that his father is in their custody and to deposit Rs.1 crore or else his father would be eliminated. Therefore, to above extent report has been lodged. 5.

Investigating machinery swung into action and finally,

{4} BA 645 OF 2025 investigating machinery claims that persons named in the chargesheet have abducted informant's father Ganpatrao Shinde, aged 66 years and brought him in a black Scorpio to Mannat farm in the vicinity of Abdimandi, Aurangabad for ransom of Rs.1 crore. 6.

Now statement is made across the bar by learned counsel that victim is back in his family as he is allegedly rescued. Such submissions are not refuted by learned APP. Further statement of learned counsel that inspite of holding T.I. parade, applicant is not identified, is also not challenged or denied. Applicant is behind bars since 05-10-2024. Some of the co-accused are granted bail vide Bail Application Nos.374 of 2025, 459 of 2025 and 587 of 2025. 7.

Therefore, in the light of above material, when no further purpose is shown to be achieved by further detention of applicant, relief as prayed deserves to be granted. Apprehension of misuse of liberty can be taken care of by imposing stringent conditions. Hence, following order :

ORDER

(i) Application is allowed.

{5} BA 645 OF 2025 (ii) The applicant be released on bail in connection with Crime no.0597 of 2024, registered at Akhada-Balapur Police Station, District Hingoli, on executing Personal Bond of Rs.15,000/- with one surety in the like amount. (a) The applicant shall not tamper prosecution evidence. (b) The applicant shall not enter the vicinity where informant, his family members and near and dear ones reside, till conclusion of trial, except for attending Court dates.

(c) The applicant shall not leave the area of jurisdiction of the concerned Police Station, till conclusion of trial, except for attending Court dates.

(d) The applicant shall attend the concerned police station twice in every week i.e. on every Monday and Thursday between 10:00 a.m. to 02:00 p.m. till framing of charge and thereafter, shall regularly attend each and every effective date before the trial Court.

( ABHAY S. WAGHWASE ) JUDGE SPT