Roshan S/O. Subhash Rangari ( In Jail) v. State Of Maharashtra Thr. P.S.O. Wadgaon Jungle Tah. And Dist. Yavatmal
2025:BHC-NAG:2126
(1) 24.ba.163.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.163 OF 2025 Roshan s/o Subhash Rangari Vs.
State of Maharashtra, through Police Station Officer, Wadgaon Jungle District Yavatmal -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. M. A. Sable, Counsel for the applicant Mr. M. K. Pathan, APP for the non-applicant / State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 28/02/2025 1.
The present application is preferred by the applicant for grant of bail in connection with Crime No.377/2024 registered with Police Station Wadgaon Jungle, District Yavatmal for the offences punishable under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2.
Learned Counsel for the applicant submitted that as per the allegation in the First Information Report, the victim girl has left the house on the pretext of attending the nature's Call and eloped with the other co-accused. As far as the present applicant is concerned, the only allegation is that the applicant was riding the motorcycle and took the victim and other co-accused on his motorcycle. Thus, considering the limited role of the present
(2) 24.ba.163.2025 applicant, now the investigation is completed and charge-sheet is filed, his further incarceration is not required. Other co-accused and victim are still absconding and considering all these aspects, the applicant be released on bail.
3.
Learned APP strongly opposed the said application and submitted that the other co-accused and the victim are still absconding. In view of that, the application deserves to be rejected.
4.
After hearing both sides and on perusal of the investigation papers, it reveals limited role is attributed to the present applicant that when the victim and the other co-accused eloped, at that time the present applicant was riding the motorcycle. Thus, considering the role of the present applicant and considering the fact that the investigation is already completed, further incarceration is not required, the application deserves to be allowed. Accordingly, I proceed to pass following order:
ORDER
(i) The application is allowed.
(ii) The applicant Roshan s/o Subhash Rangari shall be released on bail, in connection with Crime No.377/2024 registered with Police Station Wadgaon Jungle, District Yavatmal for the offences punishable under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing PR Bond in the sum of
(3) 24.ba.163.2025 Rs.25,000/- with one solvent surety in the like amount.
(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
(iv) The applicant shall attend the proceeding before the Special Court without seeking any exemption unless there are exceptional circumstances.
(v) The applicant shall attend the concerned Police Station as and when required on issuing the notice by the Investigating Officer. The application is disposed of.
(URMILA JOSHI-PHALKE, J.) Sarkate