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Bombay High CourtBA/625/2025application allowed

Rahul Balaji Dhable v. The State Of Maharashtra

2025-05-05Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2025:BHC-AUG:13083 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 625 OF 2025 Rahul S/o. Balaji Dhable, Age : 34 years, Occu. : Labour/Agri., R/o. Panchincholi, Tq. Nilanga, Dist. Latur.

... Applicant

Versus

The State of Maharashtra, Through the Police Station, Ausa, Dist. Latur.

... Respondent ......

Mr. Netaji G. Kale, Advocate for Applicant.

Mrs. Vaishali S. Chaudhari, APP for Respondent ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 02 MAY 2025 PRONOUNCED ON : 05 MAY 2025 ORDER :

1.

Present application is for grant of regular bail on account of arrest of applicant in Crime No.85 of 2025 registered at Ausa police station, Dist. Latur for offence punishable under sections 288 of the Bharatiya Nyaya Sanhita and under sections 4(a), 4(b) and 5 of the Explosive Substance Act and under sections 39, 192, 3(1) and 181 of the Motor Vehicles Act. 2.

Learned counsel submitted that, applicant is arrested in above crime on 10.03.2025. That, there was said to be some

-2explosion while digging well. That, there are no injuries. That, only allegations are of possessing explosive substance without license and permit. That, whatever was to be recovered is already recovered. That, there is no further recovery to be made at the instance of present applicant and as such no purpose would be served by further detention. That, as applicant is ready to abide any conditions deemed fit by this court, learned counsel urges for grant of bail.

3.

Learned APP opposed on the ground that, without licence and permit, applicant was in possession of explosive substances. It being a serious offence, she opposes the bail. 4.

Statement made across the bar that there are no injuries and mere explosion while digging well and taking into account the aspect that no further recovery or discovery is to be made, relief as prayed deserves to be granted. Hence, the following order is passed :-

ORDER

I.

The application is allowed.

II.

Applicant Rahul S/o. Balaji Dhable be released on bail in connection with Crime No.85 of 2025 registered with Ausa police station, Dist. Latur, on executing Personal Bond of Rs.15,000/- with one surety in the like amount, on the following conditions:

-3- [a] The applicant shall not tamper prosecution evidence. [b] The applicant shall attend the concerned police station once in every week i.e. on every Monday and maintain personal diary of his attendance till filing of charge-sheet and thereafter, shall regularly attend each and every effective date before the trial court.

(ABHAY S. WAGHWASE, J.) Tandale