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Bombay High CourtBA/711/2025application allowed

Pradeep Alias Banti Shriram Shravane v. The State Of Maharashtra

2025-07-03Hon'Ble Shri Justice Arun R. Pedneker4 pages

2025:BHC-AUG:17207

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 BAIL APPLICATION NO. 711 OF 2025 PRADEEP @ BANTI SHRIRAM SHRAVANE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant :

Ms. Pratiksha Magre h/f. Mr. Magre Sunil G APP for Respondent/State: Mr. N. D. Batule ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 03.07.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is seeking bail as he was arrested on 27.02.2022 in connection with Crime No.0020/2022, dated 27.02.2022, registered with Barad Police Station, District Nanded, for the offences punishable under Sections 399, 402 of the Indian Penal Code, 1860 & Sections 3, 4, 25 of the Arms Act, 1959.

3] The case against the applicant is that he along with other coaccused were preparing to commit dacoity and at that time the applicant and other co-accused were caught by the patrolling party at around 03:30 in the morning. The

applicant was found at the relevant time hiding near the farm and he was having a gun. It is stated that they were in all total 7 accused and preparing for the crime and due to which the crime is registered against them on 27.02.2022. 4] The learned counsel for the applicant submits that the applicant is arrested on 27.02.2022 on the apprehension that the applicant and other co-accused were preparing for committing dacoity and no crime is committed by the applicant and that he is in custody for more than 3 and half years and the charge-sheet is filed in the matter. She also points out that the other co-accused have been granted bail.

5] The learned APP opposes the bail application on the ground that there are six antecedents against the applicant.

6] Having considered the rival submissions and also perused the order passed by the Sessions Court, the other co-accused, who have been granted bail are not appearing in the trial and, as such, NBW were issued against them and that trial court has apprehension if the present applicant is granted bail he will also not appear and due to which the trial would be held up. However, the applicant is in jail from 27.02.2022 and that he cannot be kept in jail for the reason that the other co-accused are not

appearing in the trial. So also, the applicant is charged for the offence is only on apprehension about the preparation for committing crime. Considering all these aspects of the matter, although, there are antecedents against the applicant, since, his involvement is yet to be proved in the trial, bail can be granted to the applicant.

7] In view of the above, the application is allowed in the following terms :

a] The applicant shall be released on bail in connection with Crime No.0020/2022, dated 27.02.2022, registered with Barad Police Station, District Nanded, for the offences punishable under Sections 399, 402 of the Indian Penal Code, 1860 & Sections 3, 4, 25 of the Arms Act, 1959, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.

d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.

8] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled.

9] It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

10] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe