Kiran S/O Kailash Pandit v. State Of Maharashtra Thr Pso, Ps Deulgaon Raja, Tah Deulgaon Raja Dist. Buldhana
2025:BHC-NAG:11584 1 / 4 31-ba 1104-25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(BA) NO. 1104 OF 2025 Kiran Kailash Pandit Vs. State of Maharashtra ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
---------------------------------------------------------------------------------------------- Mr. J.B.Gandhi, counsel for the applicant.
Ms.Trupti Udeshi, APP for the State.
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATE : 07/11/2025 1) The applicant is arrested in Crime No.193/2025 dated 09.05.2025 registered by non-applicant police station, Deulgaon Raja, District - Buldhana for offence under Sections 140(2), 140(3), 308(5), 309(4), 126(2) 351(2) (3), 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2) It is the case of the prosecution that on 08.05.2025, when the informant Jayesh Pradip Minase was proceeding on his motorcycle, he was intercepted by Black Colour Scorpio Car, near Ramane Complex, Deulgaon Raja, by unknown persons who were three in number. They took his motorcycle keys, forced him to enter into their car and by threatening him with a knife, demanded Rs. One Crore.
2 / 4 31-ba 1104-25 However, the informant arranged Rs. Two Lakhs from his friend-Uday Girniwakle, and paid sum of Rs.98,000/- by Phone Pe. They also took his mobile handset and cash of Rs. 2,000/-. Accordingly, the First Information Report was registered.
3) The learned counsel for the applicant has stated that the co-accused has mentioned the name of this applicant in his confessional statement. The test identification parade is not conducted for this applicant. There is no recovery from this applicant. The other two accused are already arrested. The charge sheet is filed. His mobile is also seized. Further custody of this applicant is not required. Hence prayed to release the applicant on bail.
4) The learned APP opposed the application stating that the applicant is history-sheeter. There are antecedents against him. He was externed and during that period he had committed this offence. Considering the antecedents and similar offences are committed by him, prayed to reject the application.
5) Heard both the sides and perused the record.
6) The allegations against this applicant are that he is one of the person who has accompanied accused no.1 and
3 / 4 31-ba 1104-25 accused no.1 has mentioned the name of this applicant. Though the antecedents are there, specific role against this applica nt is not mentioned. It is brought to my notice that the name of this applicant was not mentioned in the First Information Report. First Information Report is against unknown persons. In his supplementary statement after arrest of this applicant, he has mentioned the name of all the accused persons. Test identification parade was not conducted for this applicant. Considering the allegations made against this applicant, the case is made out to release the applicant on bail. Accordingly, I pass the following order: i) Criminal application is allowed.
ii) Applicant- Kiran Kailash Pandit be released on bail in Crime No.193/2025 dated 09.05.2025 registered by non-applicant police station, Deulgaon Raja, District - Buldhana for offence punishable under Sections 140(2), 140(3), 308(5), 309(4), 126(2) 351(2) (3), 3
(5) of the Bharatiya Nyaya Sanhita, 2023 on his furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount.
4 / 4 31-ba 1104-25 iii] The applicant shall not in any way tamper with the prosecution evidence.
iv] The applicant shall not pressurize or threaten the prosecution witnesses.
v] The applicant shall co-operate the investigation officer.
7.
The Criminal Application stands disposed of accordingly.
8. Pending application/s if any, is/are stand/s disposed of.
JUDGE