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Bombay High CourtBA/1371/2025disposedoff

Kailash S/O Bhaurao Jadhao v. State Of Maharashtra Thr Ps, Nandgaon Khandeshwar Dist, Amravati

2026-01-22Hon'Ble Shri Justice M. M. Nerlikar5 pages

2026:BHC-NAG:1120

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [BA] NO. 1371 OF 2025.

Kailash Bhaurao Jadhao.

-VERSUSState of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri P.M. Khan, Advocate for the Applicant.

Shri V.A. Thakare, A.P.P. for the Non-applicant. CORAM : M.M. NERLIKAR, J.

DATE : JANUARY 22, 2026.

Heard.

2.

The applicant came to be arrested in connection with Crime No.190/2025 registered with Nandgaon Khandeshwar Police Station, Amravati Rural for the offence punishable under Section 310 (2) of the Bhartiya Nyaya Sanhita, 2023.

3.

The informant - Padmini Bharne lodged the report alleging that she is running vegetable shop at Sarkhani, Tahsil Kinwat, District Nanded. One Sham Rakhde, acquainted to her told that one person is having gold coin of 250 gms., and he wanted to sell the same, and asked whether she is willing to purchase it. He has also supplied mobile phone

number of informant to said person. From 07.06.2025, the informant was receiving phone calls from one Ashwin of Yavatmal regarding purchase of said gold coin, but, she told that she is not having that much amount. On 14.06.2025, when the informant had been to Hospital at Arni with her mother, she received phone call from Ashwin informing that he is at Arni and she should see the gold coin. He reached the bus stand and took the informant and her mother on Yavatmal road, where they met a 55 year old person who was having gold coin and he told that price of said coin is 5 lakhs, but, the informant said that she is not having so much money, and returned from there. The informant was thereafter also receiving frequent calls for purchase of the gold coin. Later on 16.06.

2025 it was informed to the informant that price was reduced to three lakhs. On 17.06.2025 the informant along with others left for Nanded to purchase the gold coin, she took Rs.1,50,000/- with her. At 2 p.m. they reached to the house of sister of informant, where her sister gave her Rs.1,50,000/- thus, the informant was having total Rs.3 lakhs with her. Ashwin told the informant that he is standing at Amravati road. For the first time, on that day Ashiwn told the informant that his name is Deepak, and called the person who was having gold coin on phone, and proceeded on Amravati road, Ashwin @ Deepak asked to stop the car for answering nature's call.

having sticks in their hands. They posed themselves as police persons and snatched the bag from the informant in which Rs.3 lakhs were kept and ran away. Ashiwn @ Deepak also went with them in the car in which they came. On the basis of above, aforesaid crime came to be registered. 4.

The learned Counsel for the applicant submits that so far as the role played by the applicant is concerned, he alongwith others was accompanying in the car. He further submits that other persons posed themselves to be police officials, who stopped the car and looted Rs.3 lakhs from the informant. The present applicant was involved on the basis of the statement of the co-accused, however, it appears that during the course of test identification parade, he was identified by the complainant. He further submits that so far the persons who have been identified are released on bail by the trial Court. He also submits that there is no recovery, and even this Court has granted bail to the main accused i.e. Deepak Pallade, who was in contact with other accused persons. He further submits that even there was recovery of Rs.20,000/- from Deepak. He lastly submits that the investigation is complete and charge sheet is filed, and therefore, he be released on bail. 5.

The learned A.P.P. opposed the prayer for grant of bail on the ground that the applicant and others have looted amount of Rs.3 lakhs. He further submits that so far as the test identification parade is concerned, he was identified by the complainant. Statement to that effect

was recorded. He further submits that though other accused have been granted bail, there is ample evidence against the present applicant, and considering the seriousness of the offence, requested not to grant bail. 6.

I have considered the rival submissions of the parties. Admittedly so far as the present offence is concerned, total 5 accused persons are involved, and out of them, accused nos. 2,3 and 4 have been granted bail by the trial Court. So far as accused no.1 Deepak is concerned, he was granted bail by this Court by order dated 19.12.2025 in Criminal Application No.1314/2025. Investigation in the matter is complete and charge sheet is also filed. Thus, considering the nature of material against the present applicant and in view of the fact that except for applicant, all other accused have been granted bail, I am inclined to grant bail to the applicant. Hence the following order.

ORDER

(i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Kailash Bhaurao Jadhao be released on regular bail in connection with Crime No.190/2025 registered with Nandgaon Khandeshwar Police Station, Amravati Rural for the offence punishable under Section 310 (2) of the Bhartiya Nyaya Sanhita, 2023 on his furnishing P.R. Bond of Rs.25,000/- with one surety in the like amount.

(iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial.

(iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

(v) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency.

(vi) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for two consecutive dates, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail.

(vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial.

(viii) Misc. Applications, if any, are also disposed of. JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 23/01/2026 13:35:44