Remsing Fulsing Barela v. The State Of Maharashtra
2025:BHC-AUG:37223 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1834 OF 2025 REMSING FULSING BARELA
VERSUS
THE STATE OF MAHARASHTRA *** Advocate for Applicant : Mr. Harshal Randhir h/f Ms. Rani K. Agrawal APP for Respondents-State : Mr. S. G. Sangale *** CORAM : SACHIN S. DESHMUKH, J.
Date : 11th December, 2025 ORDER :- 1.
The applicant has approached this Court seeking regular bail in connection with FIR dated 04.06.2024 bearing Crime No. 297 of 2024 registered with Jamner Police Station, Jalgaon for the offences punishable under Sections 394, 395, 397 and 120(B) read with 34 of the Indian Penal Code.
2.
The case of the prosecution is that one Pramod Kalbaile reported that on 03.06.2024, while returning after collecting sale proceeds of cotton which was to be paid to the farmers. Informant was having cash of Rs.18,36,000/- and he was proceeding on motorcycle with rider Dipak Patil. While they were proceeding from Devpimpri Phata towards Malpimpri village, a Cruiser jeep came
-2and gave cut to the motorcycle, as a result of which, the informant and rider fell.
3.
The further prosecution case is that three to four unknown persons alighted from the vehicle and the informant and his companion were beaten by means of a tommy. Informant was chased and cash bag in his possession was snatched and those persons boarded in the vehicle and fled away. On the basis of above report, crime is registered and apparently, FIR is against unknown persons.
4.
The learned counsel for applicant submits that applicant is arrested in this crime on 18.07.2024 on the ground of suspicion. Since then, applicant is in judicial custody. Test identification parade is not conducted. The learned counsel for applicant further submits that co-accused in this crime have been enlarged on bail by this Court. There is no recovery at the instance of present applicant. No purpose would be served by keeping the applicant behind the bar. Hence, prayed to allow the application. 5.
The learned APP has opposed the application submitting that the offence is serious in nature and there is sufficient material on record to establish the complicity of the applicant. If the applicant is enlarged on bail, the applicant is resident of State of
-3Madhya Pradesh. As such, would not be available for the purpose of trial and every possibility of fleeing the applicant. there is every possibility of misusing the liberty. Hence, prayed to reject the application.
6.
Upon considering the submissions of both the sides and perusing the material on record, including the charge-sheet, prima facie, the FIR was lodged against the unknown persons. After completion of investigation, the name of applicant arrayed in the charge-sheet. Perusal of record indicates that TI parade is not conducted till today.
7.
It is a matter of record that the co-accused in this crime were enlarged on bail by this Court. Nevertheless, the investigation of the case is completed and the charge-sheet is also filed. Moreover, nothing is to be recovered at the instance of the applicant.
8.
Thus, in my considered opinion, case is made out to exercise discretion. No fruitful purpose would be served by keeping the applicant behind the bar. The apprehension expressed by the learned APP about misuse of liberty can be adequately taken care of by imposing stringent conditions. Thus, the applicant deserves to be enlarged on bail. Hence, the following order :-
-4ORDER (I) Application is allowed.
(II) Applicant - Remsing Fulsing Barela be released on regular bail on furnishing P.R. bond of Rs. 50,000/- (Fifty Thousand Only) with one or two local solvent sureties in the like amount, in connection with Crime No. 297 of 2024 registered with Jamner Police Station, Jalgaon for the offences punishable under Sections 394, 395, 397 and 120(B) read with 34 of the Indian Penal Code, on the following conditions :- (a) The applicant shall attend each and every date of the Trial Court unless exempted by the Trial Court. (b) The applicant shall not leave the jurisdiction of concerned Police Station, without prior permission, till conclusion of trial.
(c) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.
(d) The applicant shall submit his Aadhar and Pan Card to the Investigation Officer and detailed addresses and phone numbers of applicant and two of the near relatives.
(e) Breach of any of the conditions by the applicants would entail the cancellation of the bail.
(III) Needless to states that the observations rendered herein are to the extent of this application and the trial court shall not be influenced by the same. (SACHIN S. DESHMUKH, J.) Omkar Joshi