Babita Suryakant Gangane And Another v. The State Of Maharashtra
2025:BHC-AUG:19280
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 954 BAIL APPLICATION NO. 1142 OF 2025
1. Babita Suryakant Gangane,
2. Bharat Narahari Kambale
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. K. N. Shermale h/f Mr. Sayyed Umair Pasha A Quader APP for Respondents-State: Ms. Vaishali Patil Jadhav ...
CORAM : ARUN R. PEDNEKER, J.
Dated : July 24, 2025.
PER COURT :- 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 in connection with FIR No.0473/2025, registered with MIDC Waluj Police Station, Waluj, District Aurangabad, for the offences punishable under sections 3, 25 of Arms Act, Section 135 of Maharashtra Police Act, and Section 310(2) of Bharatiya Nyaya Sanhita, 2023.
3.
The case against the present applicants, Babita Gangane and Bharat Kambale, is that Babita allegedly received cash that was procured from the sale of property looted during the course of a dacoity. It is also alleged that accused No.2 Suresh @ Suryakant Ramkisan Gangane is directly involved in the said dacoity. During the commission of the offence, gold ornaments and cash were looted, and it is alleged that the said ornaments were subsequently sold to a goldsmith.
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4.
It is further stated that co-accused Suresh Gangane received Rs.8,00,000/- from the sale proceeds. Out of this amount, he allegedly gave Rs.3,00,000/- to his wife Babita Gangane and Rs.5,00,000/- to his father-inlaw Bharat Kambale. Based on the information received from Suresh Gangane after he is taken into custody, a raid is conducted at Babita's house, where Rs.3,00,000/- is recovered. It is further stated that Bharat voluntarily brought Rs.5,00,000/- to the police station and handed it over to the Investigating Officer.
5.
Based on these facts, both applicants are arrested on 31/05/2025 for having received Rs.3,00,000/- and Rs.5,00,000/-, respectively, from coaccused Suresh. 6.
Having perused the material on record, it cannot be prima facie said that the applicants Babita and Bharat are involved in the actual commission of the dacoity. The allegation relates to the receipt of money, which is yet to be established during trial as proceeds from the sale of gold ornaments allegedly looted during the dacoity. 7.
Considering the above, and the fact that the applicants are in custody since 31/05/2025, and that there are no criminal antecedents against them, this Court is of the opinion that their continued custody is 2 of
not warranted. Accordingly, the applicants are granted bail. 8.
In view of the above, the application is allowed in the following terms: - a] The applicants shall be released on bail in connection with FIR No.0473/2025, registered with MIDC Waluj Police Station, Waluj, District Aurangabad, for the offences punishable under sections 3, 25 of Arms Act, Section 135 of Maharashtra Police Act, and Section 310(2) of Bharatiya Nyaya Sanhita, 2023, on furnishing PR bond of Rs.25,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
b] The applicants, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.
c] The applicants shall co-operate with the trial Court and they shall attend each and every date, unless exempted by the trial Court.
d] The applicants 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 applicants, 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. 9.
Needless to say, in case of violation of any of the aforesaid 3 of
conditions, the bail granted to the applicant shall be liable to be cancelled. 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, J. ) vj gawade/-.
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