Sahil Dhaneshwar Tayade v. State Of Maharashtra
by ARUNA SANDEEP TALWALKAR Date:
2025.07.11 10:53:44 +0530 ARUNA SANDEEP TALWALKAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2027 OF 2025 Sahil Dhaneshwar Tayade.
... Applicant.
Vs.
The State of Maharashtra.
... Respondent.
**** Ms. Sana Raees Khan a/w. Ms. Vidya Lahamate a/w. Neha Balani a/w. Sumit Sharma, Advocate for the Applicant. Dr. Ashvini A. Takalkar, APP for Respondent/State. **** CORAM :
ASHWIN D. BHOBE, J.
DATE :
10th JULY, 2025.
P.C. :
1.
Heard Ms. Sana Raees Khan, learned Advocate for the Applicant and Dr. Ashvini A. Takalkar, learned APP for State. 2.
By the present Application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the Applicant is seeking regular bail in Crime No. 766 of 2023 registered at Sinnar Police Station, Nashik for the offences punishable under Section 363, 384, 323, 504, 506, r/w. 34 of the Indian Penal Code. Said crime is registered as R.C.C. No. 105 of 2025 and is pending before the learned Additional Sessions Judge, Nashik. Bail Application No. 504 of 2024 filed by the Applicant in R.C.C. No. 105 of 2025 before the Additional Sessions Judge, Nashik was dismissed on 20th March, 2024.
3.
There are 6 accused in the present crime. Applicant is Accused No. 2.
4.
Ms. Khan, learned Advocate for the Applicant submits that the Applicant is seeking bail on the ground of parity. She submits that Anis Rais Mohd. (Accused No. 3) in the said crime is released on bail by the Hon'ble Supreme Court in Special Leave to Appeal (CRL) No. 3540 of 2025, on the ground of the said accused having undergone imprisonment for about one year and four months. She submits that the Applicant is identically placed like that of the Accused No. 3. She submits that the Applicant has undergone about one year and eight months in jail.
5.
Dr. Takalkar, learned APP submits that in view of the order dated 17th April, 2025 passed by the Hon'ble Supreme Court granting bail to Accused No. 3, request made by the Applicant can be considered.
6.
The Hon'ble Supreme Court in its order dated 17th April, 2025 has observed as under :
"
The petitioner is an accused in a case bearing FIR/Crime No.766/2023 registered with Police Station Sinnar, District Nashik, Maharashtra, for the offences punishable under Sections 363, 364-A, 120-B, 392, 384, 342, 386, 323, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3/25 of the Indian
Arms Act. The bail application of the petitioner was dismissed by the High Court. He has already undergone about 1 year & 4 months in jail.
Heard learned counsel respondent-State. for the petitioner and the respondent-State.
Considering the nature of the case and other relevant factor, we are of the opinion that a case of bail is made out for the petitioner.
Accordingly, the petitioner is directed to be released on bail forthwith on the usual terms and conditions to be decided by the concerned Court. The present petition shall stand disposed of in the above terms along with pending application(s), if any."
7.
Applicant (Accused No. 2) in the Crime No. 766 of 2023, has already undergone about one year and 8 months in jail. In view of the above, the Applicant is entitled to bail on the ground of parity as applied to the case of the accused No. 3 in the said crime.
8.
In view of the above, Bail Application is allowed on the following conditions :
(a) Applicant be released on bail in Crime No. 766 of 2023 registered with Sinnar Police Station, Nashik, on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two solvent sureties in the like amount to the satisfaction of the learned Additional Sessions Judge, Nashik.
(b) 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.
(c) Applicant upon release within 3 days shall furnish his residential addresses with proof and contact details to the Trial Court and Investigating Officer, Sinnar Police Station, Nashik.
(d) Applicant shall attend each and every date of hearing in R.C.C. No. 105 of 2025 pending before the Additional Sessions Judge, Nashik, unless exempted. 9.
Bail Application No. 2027 of 2025 is disposed of on the above terms.
(ASHWIN D. BHOBE, J.)