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Bombay High CourtBA/2816/2025disposed off

Mayur Kathor Koli v. State Of Maharashtra

2026-01-12Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2816 of 2025 Mayur Kathor Koli ... Applicant/s

Versus

The State of Maharashtra ... Respondent/s ____________________________________________________________ Ms. Harshada Morey, Advocate for the Applicant/s. Mr. Mahesh Mule, Special PP along with Ms. Nidhi Narwekar and Ms. R. D. Humane, APP for Respondent-State.

_________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 12th JANUARY, 2026.

P.C. :

1.

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, 386, 120-B, 342, 323, 109 and 506(2) of the Indian Penal Code 1860, 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. 2.

It is prosecution's case that the applicant and co-accused, in conspiracy, abducted the first informant and, by putting a pistol on his head, extorted 1,76,00,000/-.

₹ Digitally signed by SHUBHADA SHANKAR KADAM Date:

2026.01.13 18:19:41 +0530 SHUBHADA SHANKAR KADAM 3.

It is contention of learned counsel for the applicant that there are no allegations against the applicant that he was present when the first

informant was abducted. The allegation against the applicant is that he provided information to the co-accused about the whereabouts of the first informant. The applicant has no antecedents. The applicant is behind bar for more than three years, yet there is no progress in the trial. Hence, requested to allow the application.

4.

It is contention of learned APP that the applicant is a part of the crime syndicate. He conspired with the co-accused to abduct the first informant and extorted an amount of 1,76,00,000/- by threatening him. ₹ Charge is framed against the applicant. If the applicant is released on bail, he may threaten the first informant and prosecution witnesses, hence, requested to reject the application.

5.

I have heard both learned counsel, perused the charge-sheet and documents produced on record. When the first informant was abducted, the applicant was not present. The allegations against the applicant are limited to providing information about the whereabouts of the first informant. To prove the conspiracy, evidence is required. The applicant has no antecedents. The co-accused, against who similar allegations are made, has been released on bail. The applicant is behind bar for more than three years. Though charge is framed, there is no progress in the trial. Considering these facts, I pass following order:

ORDER

(i) The applicant be enlarged on bail in Crime No. 159 of 2022 registered with Nhava Sheva Police Station, Navi Mumbai,, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

(ii) The applicant shall attend the concerned police station as and when required.

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

The application is allowed in the aforesaid terms and is accordingly disposed of.

6.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

7.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)