Gautam Kisanlal Sethiya v. The State Of Maharashtra And Another

2025:BHC-AUG:19179

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 947 BAIL APPLICATION NO. 1157 OF 2025 Aditya Dnyaneshwar Shire

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Salunke Sudarshan J APP for Respondents-State: Ms. A. S. Mantri Advocate for Intervener : Mr. Sunny S. Khivansara ...

WITH CRIMINAL APPLICATION NO. 2462 OF 2025 IN BA/1157/2025 ...

CORAM : ARUN R. PEDNEKER, J.

Dated : July 22, 2025.

PER COURT :- 1.

Criminal Application No.2462 of 2025, filed for intervention, is allowed and disposed of.

2.

Heard the learned Counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel for the intervener. 3.

The applicant is seeking bail in connection with FIR No.0035/2025, dated 29/01/2025, registered with City Chowk Police Station, Chhatrapati Sambhajinagar (Aurangabad), for the offences punishable under Sections 111(2)(b), 111(3), and 111(4) of the Bharatiya Nyaya Sanhita, 2023, Section 3 and 25 of the Arms Act, 1959, and Section 135 of the Maharashtra Police Act, 1951.

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4.

As per the FIR, the informant is a goldsmith. One Pushpa Salve introduced the informant to a woman named Manasi Jadhav, who posed as an airhostess and engaged in providing body massages. There was some exchange of messages between the informant and Manasi Jadhav regarding the availability of massage services. It is alleged that Manasi Jadhav misused those messages and started threatening the informant, demanding ransom. She, along with the co-accused, allegedly extorted a total amount of Rs.15 lakh from the informant. 5.

As regards the present applicant, it is alleged that he was the driver of the vehicle in which Manasi Jadhav and co-accused Arjun Lokhande travelled, and that on the alleged date, the co-accused threatened to kill the informant if he failed to pay them money. It is further alleged that the applicant was part of the conspiracy involving extortion. The applicant is arrested on 29/01/2025, and the charge-sheet is filed on 22/04/2025. 6.

The learned Counsel for the applicant submits that the applicant has no antecedents relating to offences of extortion or ransom. The previous offences, if any, are in relation to prohibition laws. It is submitted that the applicant was merely a driver and has neither personally issued any threats nor received any money from the informant. 2 of

7.

Per contra, the learned APP and the learned Counsel assisting the APP submit that the applicant's mobile number - 7058607726 - was used by the co-accused on certain occasions to issue threats. It is argued that the co-accused used multiple mobile numbers for the purpose of threatening the informant, and one such number belongs to the present applicant.

8.

However, there is no material on record to indicate that the said mobile number belongs to the applicant. Further, there is no evidence to establish that the applicant personally issued any threats, demanded ransom, or received any money from the informant. 9.

The applicant is in custody 29/01/2025. Considering the role attributed to the applicant and the evidence available against the applicant as being the driver of the vehicle in which the co-accused travelled, and in the absence of any direct evidence of his involvement in the act of extortion or ransom, no overt act is attributable to the applicant. Except for being the driver, no specific or distinguishable role is seen in the alleged extortion.

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10.

Taking into account the above circumstances, this Court is inclined to enlarge the applicant on bail, subject to conditions. 11.

In view of the above, the application is allowed in the following terms: - a] The applicant shall be released on bail in connection with FIR No.0035/2025, dated 29/01/2025, registered with City Chowk Police Station, Chhatrapati Sambhajinagar (Aurangabad), for the offences punishable under sections 111(2)(b), 111(3), 111(4) of the Bharatiya Nyaya Sanhita, 2023, under Setion 3, 25 of the Arms Act, 1959, and under Section 135 of the Maharashtra Polcie Act, 1951, 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 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. 4 of

12.

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. 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.

13.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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