Siddharam Birappa Talwar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 5201 OF 2024 Siddharam B. Talwar ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Ritesh Thobde (through VC) a/w. Ms Zubi Ansari Ms for the Applicant.

Mr. T.G. Khan, APP for the Respondent/State ..............

CORAM

:

N.R. BORKAR, J.

DATE :

05.05.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.274 of 2024 registered at Mandrup Police Station, Dist. Solapur for the offences punishable under Sections 310(2), 308(2), 140(2) & 127(2) of Bharatiya Nyaya Sanhita. Initially, the said crime was registered by Umadi Police Station, Dist. Sangli vide Crime No.001/2024 and then transferred to Mandrup Police Station, Dist. Solapur. 3.

The applicant is accused No.3 in the aforesaid crime. According to the prosecution, on the date of incident, which took place on 13.08.2024, the accused Nos.1 and 2 had hired the vehicle of the complainant to transport the Cows purchased by them from Pravaraloni Farmers' Market. It is alleged that at about 10.00 a.m. while they were on Solapur-Bijapur Highway, the 1/3

accused No.1 told the complainant to halt the vehicle near open space. It is alleged that at that time, the applicant and other coaccused came there and they along with accused Nos.1 and 2 started assaulting him by sticks and robbed him of Rs.10,000/- and mobile phone. It is alleged that phone call was made to the brother of the deceased and he was told that the complainant's truck met with an accident in which one person had died and told him to come with Rs.25 Lacs or else they will set the complainant's truck on fire.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

5.

Learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that there is no evidence against the applicant to connect him with the alleged crime. It is submitted that there are no other criminal antecedents against the applicant. It is thus submitted that the applicant may be released on bail.

6.

On the other hand, learned APP for the respondent/State submits that the complainant has identified the present applicant in the T.I. Parade. It is submitted that considering the nature of crime, the applicant may not be released on bail. 7.

I have perused the charge-sheet. The main allegations are against accused Nos.1 and 2. There is no recovery of any 2/3

incriminating articles at the instance of the applicant. There are no other criminal antecedents. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail on certain conditions. 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 C.R. No. 274 of 2024 registered at Mandrup Police Station, Dist. Solapur for the offences punishable under Sections 310(2), 308(2), 140(2) & 127(2) of Bharatiya Nyaya Sanhita 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 attend the concerned police station twice in a month ,i.e., on 1st and 3rd Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial. [N.R.BORKAR, J.] 3/3