Amit Chandrakant Nikalje And ANR v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1719 OF 2025
1. Amit Chandrakant Nikalje
2. Krushna @ Karan Sambhaji Landage ...Applicants
Versus
The State of Maharashtra
...Respondent
....
Mr. Rahul Dhigude a/w Mr. Sanket Mane, Advocate for the Applicants.
Mr. P. H. Gaikwad, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE : 22nd APRIL, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The learned counsel for the applicants on instructions, seeks leave to withdraw the present bail application qua Applicant No.1 Amit Chandrakant Nikalje with liberty to file fresh bail application before the Sessions/Trial Court.
3.
The Applicant No.2 Krushna @ Karan Sambhaji Landage came to be arrested in Crime No.50 of 2025
registered at Malegaon Police Station, Taluka- Baramati, District : Pune, for the offences punishable under Sections 309(6), 310(2), 311, 137(2), 126(2), 115(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 4 and 5 of the Arms Act.
4.
It is alleged that on the date of incident, which took place on 23.02.2025 the Applicant No.2 and other co-accused accosted the complainant and took him to isolated place with a view to rob him. When they found that the complainant was neither having any cash or any precious thing, it is alleged that they made him call to his relatives. It is alleged that, when they came there they robbed them of Rs.20,000/-. 5.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
6.
The learned counsel for the applicants submits that there is a delay of three days in lodging the First Information Report and there is no explanation. It is submitted that the Applicant No.2 is a student and there are no other criminal antecedents against him.
7.
On the other hand, the learned A.P.P. for the Respondent-State submits that the Applicant No.2 is involved in serious crime of robbery. It is submitted that considering the nature of crime, the Applicant No.2 may not be released on bail.
8.
Prima-facie, there appears to be substance in the submission of the learned counsel for the applicant No.2. The applicant No.2 appears to be a student and there are no other criminal antecedents against him. Considering the said facts, I am inclined release the Applicant No.2 on bail.
ORDER
(i) Criminal Bail Application is partly allowed;
(ii) The Applicant No.2 is directed to be released on bail in connection with Crime No.50 of 2025 registered at Malegaon Police Station, Taluka- Baramati, District : Pune, for the offences punishable under Sections 309(6), 310(2), 311, 137(2), 126(2), 115(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 4 and 5 of the Arms Act on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
(iii) The Applicant No.2 shall attend the concerned
Police Station once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) The application qua Application No.1 Amit Chandrakant Nikalje is disposed of as withdrawn with liberty to file fresh bail application before the Sessions/Trial Court;
(v) Application stands disposed of accordingly.
(N. R. BORKAR, J.)