Shankar S/O Hiralal Banot v. The State Of Maharashtra Thr Pso Seloo Dist Wardha And ANR.
2025:BHC-NAG:13884 1 / 3 42-ba 1173-25(2)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(BA) NO. 1173 OF 2025 Shankar Hiralal Banot 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.A.C.Jaltare, counsel for the applicant.
Mr.Ashish Kadukar, APP for the State.
Mr.S.S.Chopde, counsel for non applicant No.2 CORAM : MRS. VRUSHALI V. JOSHI, J.
DATE : 09/12/2025
1. This is an application filed by the applicant for grant of bail in connection with crime No.389 of 2025 for the offence punishable under Sections 109, 118(1), 118(2), 189(2), 190, 191(2), 191(3), 333, 87, 324(2), 74, 351(2), 61(2), 238 of the Bharatiya Nyaya Sanhita and under Sections 4 and 25 of the Arms Act and Section 12 of the Protection of Children From Sexual offences Act, 2012.
2.
It is the allegation that the applicant along with other co-accused entered the house of the complainant and accused no.1 asked the other co-accused to take forcibly minor daughter of the complainant and they took her in the car. While committing said offence, the sword was used. The brick was pelted on the face of the complainant and thereafter, the victim was returned to her house. The mother of the victim
2 / 3 42-ba 1173-25(2) has lodged the complaint. The victim has also given the statement. The crime is registered.
3. The learned counsel for the applicant has stated that the allegations against this applicant is that the car of this applicant is used in the said crime. He is identified in this crime. He was along with other co-accused. Accused No.1 is the main culprit. Accused Nos.2 and 3 are released on bail. Hence prayed to release the applicant on bail. 4.
Learned APP has opposed the application stating that deadly weapons are used. The minor girl was taken forcibly and she has also given the statement and has mentioned the role of each of the accused. Considering the role of this applicant, prayed to reject the application. 5.
The non applicant No.2 was served and is appeared through the advocate. She has filed her written notes of arguments and has stated that she knows this applicant. He has not played any role and has not committed any offence and has given no objection to release the applicant on bail. 6.
Heard both the sides and perused the record.
7.
Though the serious offence is committed, the complainant herself has stated about this applicant that he was not present on the spot and she have no grievance against this applicant, if he is released on bail. Considering the statement made by the complainant, the applicant needs to be released on bail. Hence the following order
3 / 3 42-ba 1173-25(2) i) The Criminal application is allowed. ii) Applicant Shankar Hiralal Banot be released on bail in connection with Crime No.389 of 2025 for the offences punishable under Sections 109, 118(1), 118(2), 189(2), 190, 191(2), 191(3), 333, 87, 324(2), 74, 351(2), 61(2), 238 of the Bharatiya Nyaya Sanhita and under Sections 4 and 25 of the Arms Act and Section 12 of the Protection of Children From Sexual offences Act, 2012 on his furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with solvent surety in the like amount before the trial Court. 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 learned trial judge in the conduct of the trial.
8.
The Criminal Application stands disposed of 8. accordingly.
9. Pending application/s if any, is/are stand/s disposed of. JUDGE