← Library
Bombay High CourtBA/1257/2024disposed off

Chhote Aka Prabhaskumar Singh v. State Of Maharashtra

2025-03-05Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1257 OF 2024 Chhote Aka Prabhaskumar Singh .... Applicant V/s.

State of Maharashtra .... Respondent ---- Mr.Dilip Shinde a/w Ms.Vidya N. Shet, for the Applicant. Ms.Sangita D. Shinde, APP, for Respondent-State. Mr.N.B. Gaikwad, PSI, Shivaji Nagar Police Station, Ambernath(E).

by NILAM SANTOSH KAMBLE Date: 2025.03.07 10:20:48 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 5th MARCH 2025 P.C:- .

By this Application, Applicant is seeking regular bail in Crime No.273 of 2021 registered with Shivaji Nagar Police Station, Ambernath, District-Thane, for the offence punishable under Sections 363, 364 and 120B of the Indian Penal Code, 1908 ('IPC' for short).

2.

It is prosecution case that, the Applicant and coaccused kidnapped the first informant's son and demanded ransom of Rs.40 lakhs for releasing the minor child. N.S. Kamble page 1 of 4

3.

It is contention of the learned counsel for the Applicant that, the Applicant is behind bar more than three years. Yet charge has not been framed. The learned counsel further submitted that, the main allegation's are against the Accused No.4. The learned counsel further submitted that, the Applicant has not made ransom call to the first informant. It may take time to conclude the trial. Hence, requested to allow the Application. 4.

It is contention of the learned APP that, the Applicant and co-accused kidnapped the son of the first informant's and demanded ransom, as there was dispute between the informant and Applicant. At the instance of the Applicant, co-accused had kidnapped the minor son of the first informant. If Applicant released on bail he may abscond. Hence, requested to reject the Application.

5.

It is contention of the learned counsel for the Applicant that, if this Court inclined to allow the Application, the Applicant be directed not to enter in the Ambernath city where the first informant and victim stays, till conclusion of the trial. N.S. Kamble page 2 of 4

6.

I have heard both learned counsel. Perused chargesheet. 7.

The allegations against the Applicant are that, he alongwith co-accused kidnapped the first informant's minor son for ransom. The Applicant is behind bar more than three years. Yet charge has not been framed. It appears from record that, there is dispute between the Applicant and, first informant about rent deposit. No harassment and injury caused to the minor child when he was kidnapped. It may take time to conclude the trial. 8.

Considering these facts, further detention of the Applicant is not required and I pass following order.

ORDER

(i) The Applicant-Chhote Aka Prabhaskumar Singh be released on bail in Crime No.273 of 2021 registered with Shivaji Nagar Police Station, Ambernath, District-Thane, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

N.S. Kamble page 3 of 4

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses. (iii) The Applicant shall give attendance before the Investigating Officer once in two months on first Monday of the month, till framing of the charge. (iv) The Applicant shall not enter Ambernath City except attending the Police Station and Court dates till evidence of first informant and victim.

(v) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(vi) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.) N.S. Kamble page 4 of 4