Yash Sudhir Jadhav v. State Of Maharashtra

by ARUNA SANDEEP TALWALKAR Date:

2025.07.15 21:01:02 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1989 OF 2025 Yash Sudhir Jadhav ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Sagar Kasar a/w. Mr. Sachin P. Patil a/w. Mr. Rishabh Tiwari, Advocates for the Applicant.

Dr. Ashvini A. Takalkar, A.P.P. for the State/Respondent. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

15th JULY 2025.

P.C. :

1.

Heard Mr. Sagar Kasar, learned Advocate for the Applicant and Dr. Ashvini Takalkar, learned A.P.P. for the State/Respondent. 2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. 382 of 2024 registered with Ichalkaranji Police Station, Kolhapur for the offences punishable under Sections 420, 407, 409, 465, 467, 468 and 471 read with 34 of the Indian Penal Code Act, 1860 ("IPC" for short).

3.

Mr. Sagar Kasar, learned Advocate for the Applicant submits

that the abovesaid crime is registered as RCC No. 521 of 2024 and is pending on the file of learned Judicial Magistrate First Class, Ichalkaranji.

4.

There are in all 19 accused in the present crime. Applicant is Accused No. 5. Applicant was arrested on 10th September 2024 and since then he is in jail.

5.

Criminal Bail Application No. 235 of 2024 filed by the Applicant in RCC No. 521 of 2024 was rejected by the Court of Additional Sessions Judge, Ichalkaranji vide order dated 9th December 2024.

6.

Mr. Sagar Kasar, learned Advocate submits that the Applicant is pressing bail on the ground of parity. He submits that Chandrakant Nanaso Magar (Accused No. 2) and Shreyas Sanjay Mane (Accused No. 10) have been released on bail by this Court in the said crime. He submits that the involvement and the allegations levelled against the Applicant are similar and identical to those made against Accused Nos. 2 and 10 in the said crime. He submits that this Court after having considered the case of said two accused persons, has released them on bail, therefore the Applicant would be entitled for bail on the ground of parity. He points out that Accused Nos. 2 and 10 have deposited the amount mentioned in the said orders. He submits that as the Applicant is seeking bail on the ground of parity, the Applicant out of his own free will has deposited an amount of Rs. 24,90,000/- before the learned Judicial Magistrate First Class, Ichalkaranji, District

Kolhapur. Mr. Sagar Kasar states that voluntary financial deposit made by the Applicant is in view of the deposits as were made by the two accused and the said deposit is for the purpose of seeking bail on the principle of parity.

7.

Dr. Takalkar, learned APP for State submits that the involvement and allegations against the Applicant herein are similar and identical to the allegations made against the Accused Nos. 2 and 10 in the said Crime. She submits that as the Applicant has out of his free will deposited an amount of Rs. 24,90,000/- as was deposited by the Accused Nos. 2 and 10 in the said crime, case of the Applicant can be considered on the principle of parity. 8.

Perused the records with the assistance of the learned Advocates for the parties.

9.

Charge-sheet filed in the present crime reveals involvement of the Applicant to be similar to the other two Accused namely, Accused Nos. 2 and 10. This Court has granted bail to the said two accused (documents marked as "X" colly.). Applicant is in jail from 10th September, 2024. Applicant being similarly situated like the Accused Nos. 2 and 10 in the said crime, the Applicant would be entitled to bail on the principle of parity.

10.

In view of the above, Bail Application is allowed on the following terms :

(i) Applicant be released on bail in connection with C.R. No. 382 of 2024 registered with Ichalkaranji Police

Station, District Kolhapur, on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount to the satisfaction of the learned Judicial Magistrate First Class, Ichalkaranji, District Kolhapur. (ii) Applicant shall not tamper with prosecution evidence and also 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 him/her from disclosing such facts to the Court or the Investigating Officer.

(iii) Applicant shall attend each and every date of hearing in RCC No. 521 of 2024 pending before the Judicial Magistrate First Class, Ichalkaranji, District Kolhapur, unless exempted.

(iv) The Applicant upon release within 3 days shall furnish his residential addresses with proof and contact details to the Court of learned Judicial Magistrate First Class, Ichalkaranji, District Kolhapur and the Investigating Officer, Ichalkaranji Police Station, Kolhapur.

11.

Criminal Bail Application No. 1989 of 2025 is disposed of on the above terms.

[ASHWIN D. BHOBE, J.]