Ramesh Baliram @ Balbhim Dixit v. The State Of Maharashtra

2024:BHC-AUG:20249 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1048 OF 2024 WITH CRIMINAL APPLICATION NO. 2861 OF 2024 IN BA/1048/2024 Ramesh Baliram @ Balbhim Dixit

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. P.P. More h/f Mr. Kawade Shrikant G. APP for Respondent/State : Ms. M.N. Ghanekar Advocate for Complainant : Mr. R.R. Karpe ...

CORAM : S.G. MEHARE, J.

DATED : SEPTEMBER 02, 2024 PER COURT:- 1.

Heard learned counsel for the applicant, learned APP for the State and learned counsel for the complainant. 2.

The applicant seeks bail in Crime No.426 of 2023 registered with Anandnagar Police Station, District Dharashiv for the offences punishable under Sections 395, 120(B), 342, 412, 201, 75 of the Indian Penal Code and Sections 3, 25 of the Arms Act. 3.

The prosecution case in brief is that a few unknown persons entered the Co-operative Credit Society. One person caught hold him and held the revolver to his ear and took him to the cabin. Some more three persons were around the Manager in his chamber having the revolver. One person applied sticky tape to his hand and mouth. They committed dacoity of the golden ornaments of Rs.

(2) 1,85,68,000/-. The report was lodged. In the course of investigation, it was discovered that the applicant who was once upon a time an employee and gold valuer of the credit society. It was transpired in the investigation that the applicant was the main person behind the dacoity. The ornaments have been recovered from the applicant. Hence, he has been arraigned as an accused.

4.

Learned counsel for the applicant has vehemently argued that there is no direct evidence against the applicant. He is a goldsmith. He believed some unknown persons and purchased the gold. There is no other material against him. Hence, he may be granted bail.

5.

Learned APP pointed out that one of the golden ornaments recovered from the applicant was pledged with the bank for loan. He has no explanation how did he get that property with him. He kept silence. Apart from that, more indebts of the gold were recovered from him. The entire circumstantial evidence directly connects the applicant with the crime. The applicant was possessing the gold more than the licence to possess. Reading the matter cumulatively, it could be inferred that the applicant has played the main role behind the curtain. The offence is serious. He was knowing the details of the golden ornaments kept with the bank. Therefore, it could not be said that he was just a purchaser of the stolen property.

(3) 6.

Therefore, the Court is not inclined to grant him bail. Accordingly, the application stands dismissed. 7.

Criminal Application No.2861 of 2024 stands disposed of. (S.G. MEHARE, J.) Mujaheed//