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Bombay High CourtBA/4908/2024allowed

Sandeep Vitthal Chikane v. The State Of Maharashtra

2025-03-18Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4908 OF 2024 Sandeep Vitthal Chikane ...Applicant

VERSUS

The State of Maharashtra

...Respondent

WITH INTERIM APPLICATION 25 OF 2025 ....

Mr.Harshad V. Nimbalkar, Sr.Advocate a/w Mr. Satyam Harshad Nimbalkar i/b Mr. Abhishek U. Arote, Advocate for the Applicant.

Ms. Veera Shinde, A.P.P. for the Respondent - State. Mr. Shailesh Chavan a/w Mr. Adesh Kale & Mr. Sachin Pawar for Intervener in IA/25/2025.

CORAM

:

N. R. BORKAR, J.

DATE :

18.03.2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 231 of 2024 registered at Jejuri Police Station, Dist- Pune Rural for the offences punishable under Sections 364(A), 420 & 506 of the Indian Penal Code.

3.

The son of the complainant was arrested in one of the crimes. According to the prosecution, the present applicant had assured the complainant that he would get his son released on bail and for that purpose demanded Rs.1 crore from the complainant. It is alleged that after negotiations, the complainant agreed to pay him Rs.50

lakhs. It is alleged that out of said Rs.50 lakhs, the complainant had paid Rs.37 lakhs and as he was unable to pay Rs.13 lakhs, it is alleged that he was abducted. 4.

I have heard the learned senior counsel for the applicant, the learned APP for the respondent/State and the learned counsel for the intervener.

5.

The learned senior counsel for the applicant submits that due to political rivalry false complaint came to be lodged against the applicant. It is submitted that according to the complainant, he had availed the loan of Rs.37 lakhs to pay the said amount to the applicant, however, there is no material to that effect in the chargesheet. It is submitted that the applicant is in jail for about nine months and the trial is not likely to be concluded in near future.

6.

On the other hand, the learned APP for the respondent/State and the learned counsel for the Intervener submit that the applicant is involved in serious crime of abduction and cheating. It is submitted that the applicant is involved in four more crimes out of which one of the crimes is for the offence punishable under Section 302 of the Indian Penal Code. It is submitted that thus the applicant may not be released on bail.

7.

According to the complainant, he had availed the loan of Rs.37 lakhs to pay the said amount to the applicant. However, there is no material in the chargesheet to that effect. In that view of the matter, I am inclined to release the applicant on bail. In the result, the

following order is passed:

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in Crime No. 231 of 2024 registered at Jejuri Police Station, Dist- Pune Rural for the offences punishable under Sections 364(A), 420 & 506 of the Indian Penal Code, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall not enter into the limits of Taluka Purandar, till conclusion of trial.

D] The applicant shall not commit any other crime.

E] It would be open to the prosecution to file an application for cancellation of bail, if the applicant commits breach of any of the above conditions.

8.

The Application stands disposed of accordingly. 9.

In view of disposal of bail application, the Interim Application does not survive and stands disposed of accordingly.

(N. R. BORKAR, J.)