Rohit Shankar More Nad Others v. The State Of Maharashtra And Another

2025:BHC-AUG:1891 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 2251 OF 2024 1] Rohit Shankar More Age - 18 years, Occupation - Labour, R/o. Rakshaswadi Khurd, Tq. Karjat, District Ahmednagar.

2] Kiran Gulab More, Age - 22 years, Occupation - Labour, R/o. Rakshaswadi Khurd, Tq. Karjat, District Ahmednagar.

3] Ajinkya @ Ajay Sukhdev Shinde Age - 26 years, Occupation - Labour, Tq. & Dist. Ahmednagar.

... Applicants

Versus

1] The State of Maharashtra, Through Officer In Charge, Police Station Ashti, District Beed.

2] The Superintendent of Police, Beed, District Beed.

... Respondents .....

Mr. Shashikant E. Shekade, Advocate for the Applicants. Mr. S. B. Narwade, APP for Respondents.

.....

CORAM :

ABHAY S. WAGHWASE, J.

DATE :

23.01.2025 ORDER :

1.

Instant regular bail application arises as a result of arrest of the applicants in crime no.0338 of 2024 registered at Ashti Police Station,

-2District Beed for offence under Section 312 of the Bharatiya Nyaya Sanhita [BNS].

2.

It is pointed out that applicants are arrested in above crime on 16.08.2024. There are mere allegations that 7 to 8 persons came to the house of informant at odd hours, i.e. at around 3.00 a.m., and gave knock to the door and thereafter, there was said to be pelting of stones. That, applicants are behind bars since 16.08.2024. There are mere allegations of attempt to commit offence. Nothing is shown to be recovered or discovered. Now, investigation is almost over. For all above reasons, it is questioned why further detention of the applicants is necessary and relief is urged for.

3.

While opposing the bail application, learned APP pointed out that applicants were caught red handed. Intention of arrested accused was to commit grave offence of robbery/dacoity. Major occurrence has been averted. Hence, application is opposed. 4.

Heard. Perused the FIR and papers placed by learned APP. Substance of the FIR at the instance of Satish Jagade is that, between 3.00 to 3.30 a.m. on 16.08.2024, there was knock on the door. On seeing from window, two persons were found standing near the door,

-3two were near compound and two were near the rear compound of the house and such persons were armed with weapons. It is alleged that, threats were issued to hand over ornaments and cash. Police was informed. Neighbours gathered and after giving chase, out of six, three persons were apprehended and three managed to flee. Present applicants seem to be those apprehended. Their age is shown as 18, 22 and 26 years respectively. Applicants are said to be behind bars since 16.08.2024. It is reported that applicants, on interrogation, confessed that they had come for dacoity. Nothing is shown to be further recovered or discovered at their instance. Hence, following order is passed :

ORDER

I.

The application is allowed.

II.

Applicants Rohit Shankar More, Kiran Gulab More and Ajinkya @ Ajay Sukhdev Shinde, be released on bail in connection with Crime No. 0338 of 2024 registered at Ashti Police Station, District Beed, on executing Personal Bond of Rs. 15,000/- each with one local surety each in the like amount, on the following conditions : (a) The applicants shall not tamper prosecution evidence. (b) The applicants shall not leave Beed District without prior permission of the court.

-4- (c) Applicants shall attend the concerned Police Station twice in every week i.e. on every Monday and Thursday between 11.00 a.m. to 2.00 p.m. till conclusion of trial.

(d) The applicants shall attend each and every effective date before the trial court.

[ABHAY S. WAGHWASE, J.] vre