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Bombay High CourtBA/718/2025disposed off

Ajit Ramchandra Polekar v. State Of Maharashtra

2025-08-26Hon'Ble Shri Justice Ashwin D. Bhobe4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by GAYATRI RAJENDRA SHIMPI Date:

2025.08.26 17:21:45 +0530 GAYATRI RAJENDRA SHIMPI CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 718 OF 2025 Ajit Ramchandra Polekar ... Applicant Vs.

The State of Maharashtra ... Respondent **** Mr. Satyavrat Joshi, Advocate for the Applicant. Mr. T. G. Khan, APP for Respondent/State.

Mr. P. R. Adgale-API, Sinhgad Road Police Station Pune City. **** CORAM :

ASHWIN D. BHOBE, J.

DATE :

26th AUGUST, 2025.

P.C. :

1.

Heard Mr. Satyavrat Joshi, learned Advocate for the Applicant and Mr. T. G. Khan, learned APP for the State. 2.

By the present Application, Applicant is seeking bail in Crime No.419 of 2022 registered with Sinhgad Road Police Station District Pune, for the offences punishable under Sections 141, 143, 144, 147, 148 & 149, 307 and 302 of the Indian Penal Code (for short "IPC"), and Sections, 4(25) of the Arms Act, 1959. Said crime is registered as Sessions Case No.87 of 2023 and is pending before the Court of the Additional Sessions Judge, Pune.

3.

There are 16 Accused in the present crime. Applicant is Accused No.15.

4.

Applicant was arrested on- 6th November, 2024. Bail Application No. 7361 of 2024 filed by the Applicant was rejected by the

Additional Sessions Judge, Pune on 29th January, 2025. 5.

Mr. Satyavrat Joshi, learned Advocate for the Applicant, submits that the involvement of the Applicant in the present crime is of being present at the time of incident. He submits that there is no other material to indicate the involvement of the Applicant in actual crime. He submits that the Applicant is seeking bail on the ground of parity. He submits that Accused Sudarshan Keshav Bhegade (Accused No.1) having similar and identical role has been released on bail by this Court vide order dated 1st October, 2024, passed in Criminal Bail Application No. 3542 of 2024 (page Nos. 678 to 685). He submits that out of the 16 Accused in present crime, 14 Accused have been released on bail. He submits that Sunny Suresh Chavan (Accused No. 11) having a specific role of holding a koyta in his hand is also released on bail by this Court vide order dated 18th July, 2024, in Criminal Bail Application No. 2571 of 2023 (Page Nos.670 to 677).

6.

Mr. T. G. Khan, learned APP for the State, submits that the involvement of the Applicant is similar and identical to the involvement of Accused No.1 in Crime No. 419 of 2022, as such case of the Applicant can be considered on the ground of parity.

7.

I have perused the records with the assistance of the learned Advocates for the parties.

8.

Records reveal that the allegations against the Applicant are of being present at the place of incident. There is no material on record to indicate any overt act of the Applicant in the said crime. Accused No.1, having a role similar to the Applicant was released on bail vide order

dated 1st October, 2024 (Page No. 678). In view of the same Applicant is entitled to bail on the principle of parity. 9.

In view of the above, the present Bail Application is allowed on the following conditions :- (a) The Applicant Ajit Ramchandra Polekar be released on bail in connection with C.R. No.419 of 2022 registered with the Sinhagad Road Police Station, District- Pune on his furnishing P. R. Bond of Rs.50,000/- with one or two local solvent sureties in the like amount.

(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(c) The Applicant shall report to the Sinhagad Road Police Station, District-Pune on every Monday between 11:00 a.m. and 1:00 p.m. until the conclusion of the trial.

(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

(g) The Applicant shall surrender his passport, if any, to the Investigating Officer.

10.

Criminal Bail Application No.718 of 2025 is allowed in the above said terms.

(ASHWIN D. BHOBE, J.)