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Bombay High CourtBA/2235/2025disposed off

Maruti Balu Thorat v. State Of Maharashtra

2026-01-30Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2235 OF 2025 Maruti Balu Thorat ... Applicant

Versus

State Of Maharashtra ... Respondent/s __________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.02.03 15:37:22 +0530 NILAM SANTOSH KAMBLE Ms.Harshada Morey a/w Mr.Aditya Sawant, for the Applicant. Mr.Mahesh Mule, SPP a/w Ms.Nidhi Narwekar and Mr.P.P. Jadhav, APP for Respondent-State.

Mr.Bansode, ACP, Navi Mumbai, Crime Branch.

__________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 30th JANUARY, 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.159 of 2022 registered with Nhava Sheva Police Station, Navi Mumbai for the offences punishable under Sections 364-A, 387, 120B, 342, 323, 109 and 506 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short), Sections 3 and 25 of the Arms Act and Sections 3(1)(ii), 3(2), 3(4) and 3(5) of the Maharashtra Control of Organised Crime Act, 1999 ('MCOCA' Act).

2.

It is prosecution's case that the Applicant and co-accused abducted the First Informant in car and assaulted him for paying ransom. It is alleged that the Applicant was driving the car in which the First Informant was abducted. It is alleged that after abduction the First Informant was kept in house of the Applicant for one night. 3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than three years. There is no progress in trial. The Applicant has no antecedents. The main allegations are against co-accused who abducted the First Informant and other coaccused having similar allegations have been released on bail, and requested to allow the Application.

4.

It is contention of learned SPP that, the Applicant was driving the car in which the First Informant was abducted. The Applicant gave shelter to the co-accused in his house, where the First Informant was detained for one night. It shows involvement of the Applicant in crime. The Applicant received Rs.50,000/- out of the ransom amount. The charge is framed against the Applicant. There is progress in trial. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Application.

5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

It appears from record that the main allegations are against the co-accused. The allegations against the Applicant are that he was driving the car in which the First Informant was abducted and he gave shelter to the co-accused in his house for one night. The Applicant is behind bars for more than three years. He has no antecedents. There is no progress in trial. The co-accused who has received the ransom amount have been released on bail.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Maruti Balu Thoratbe released on bail in Crime No.159 of 2022 registered with Nhava Sheva Police Station, Navi Mumbai, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount. (ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)